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(영문) 춘천지방법원 원주지원 2014.07.30 2014고단558

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a marina towing vehicle.

On May 5, 2014, the Defendant driven a towing vehicle on the 18:45 side of May 18, 2014, while driving the towing vehicle along two-lanes from the right edge to the right edge of the steering distance.

At all times, a crosswalk without signal apparatus was installed, and the speed limit was 40km per hour, so there was a duty of care to check whether a person engaged in driving service is a person to reduce speed and to see well the right and the right and the right of the road.

Nevertheless, while the Defendant neglected to stop his driving at a speed exceeding 25 km per hour, the Defendant found the victim D (Woo, 71 years old) who dried the above crosswalk from the right side of the Defendant’s driving direction to the left side, and immediately operated the above crosswalk, but did not stop, and caused the victim to die with the victim’s left side by shocking the back part of the Defendant’s towing engine and the left side of the towing engine on May 5, 2014. < Amended by Act No. 12871, May 22: 12, 2014>

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Application of the Acts and subordinate statutes to the traffic accident report (1) (2) photographic;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Application of the sentencing criteria;

(a) Determination of types: Traffic crime, general traffic accident, and Type II;

(b) Persons who are specially sentenced to punishment: The elements of mitigation;

(c) In general, factors to reduce punishment: Subscription to the comprehensive motor vehicle insurance, and factors to increase punishment;

(d)the scope of recommendations;