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(영문) 춘천지방법원 2016.12.16 2016고단1106

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM car.

On August 24, 2016, the Defendant driven the said car at a speed of about 20km per hour from the west Middle School to the front side of the “E” located in Chuncheon City D, by driving it on August 24, 2016.

At the same time, there was no street lamps at night, and thus, in such a case, the driver had a duty of care to prevent accidents in advance by safely driving the front left and right well.

Nevertheless, the defendant neglected to do so on the road on the front side of the car, which served as the front wheels of the victim F(F, 24 years old)'s chest and part of the ship with the upper right of the car.

As a result, the defendant had the victim die by low blood transfusion shock around 05:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report (1) and (2) and photographs related to traffic accidents;

1. Application of Acts and subordinate statutes to a death certificate and each request for appraisal;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The range of recommended punishment according to the sentencing guidelines [type of crime] shall be limited to the range of recommended punishment [special mitigation factors] according to the sentencing guidelines where there is substantial negligence in causing traffic accidents even for the victims of the death of general traffic accidents (special mitigation factors], the amount of punishment not to be imposed (general mitigation factors] and subscription to the comprehensive motor vehicle insurance [Scope of recommended punishment] from two months to one year without prison labor;

2. In the instant traffic accident where the sentence of sentence was rendered, a serious consequence has occurred that may result in the loss of valuable life that could not be altered to what is the victim. As such, human life has absolute value and dignity, and infringement of this is not easy, and the defendant was past.