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(영문) 춘천지방법원 2013.08.12 2013고단510

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a e-sports cargo vehicle B.

On May 2, 2013, the Defendant driving the above cargo vehicle around 11:00, and driving it on the road located in Hongcheon-ro 366, Hongcheon-ro, Hongcheon-ro, Hongcheon-ro, and driving a two-lane two-lanes at a speed of about 20 kilometers from the bank of Hongcheon Police Station.

At the same time, there are many places for pedestrians' traffic, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely by thoroughly operating the steering time and steering gear accurately in preparation for the case of crossing by pedestrians.

Nevertheless, due to the negligence of neglecting this, the Defendant received the victim D (the age of 87) who crosses the road from the left side of the Defendant’s course to the right side of the road from the left side of the said cargo vehicle, and caused the victim’s death on the surface of the road on the 25th day of the said month, around 13:35 of the said month.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of death certificate (D);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (see the reasons for sentencing under the following) of the suspended sentence (see the reasons for sentencing), traffic crimes, general traffic accidents, and Type II (Specially Convicted) of the Criminal Act: The area of mitigation [decision on the recommended area] mitigation area, the area of mitigation of punishment, the area of imprisonment without prison labor for not less than four months but not more than ten months

1. Major reasons for participation: Occurrence of a result of death, and a member not subject to punishment;

2. Reasons for general participation: The defendant's comprehensive motor vehicle insurance (determination of sentence) is against the depth of the crime of this case and is beyond the same criminal records and suspended execution.