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(영문) 춘천지방법원 원주지원 2013.11.28 2013고단679

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 B-Wood vehicle.

At around 20:50 on September 22, 2013, the Defendant continued three lanes in front of the North Korean Won-dong, Taeju-si, Seoul, along with one lane from the direction of the crossing to the original vessel.

At the time, there was a duty of care to operate a person engaged in driving service by thoroughly manipulating the steering and steering gear and accurately manipulating the steering and operating the steering gear, since it is possible for the person to run a driving service at night, such as delivery and alley length in the vicinity.

Nevertheless, the Defendant neglected to do so and went on as is, due to the negligence of the Defendant’s driving, was the victim C(39 years of age) who illegally crossed to the port from the right side of the Defendant’s running direction.

Ultimately, at around 21:36 of the same day, the Defendant caused the death of the victim due to the cerebral cerebral injury at the nuclear hospital in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to traffic accident occurrence reports and death diagnosis reports;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

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

1. Standard for a type of punishment and a sentence [Determination of a type of punishment] among traffic crime groups, the Class II (Special Aggravation of Death of Traffic Accidents): Reduction element of a general traffic accident (Death of Motor Vehicle Accidents): None of the factors to increase punishment: None of such factors (the scope of recommendation): April to October of a credit cooperative;

2. Criteria for the suspension of execution [main reasons for the suspension of execution] positive: In case of death or serious injury (general reason for the suspension of execution] positive: Serious reflectness, absence of criminal records of the suspension of execution or more, and negative effect on the purchase of comprehensive automobile insurance:

3. Determination of sentence: Suspension of the execution of imprisonment without prison labor for ten months; and