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(영문) 춘천지방법원 원주지원 2014.04.23 2014고단126
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 who is engaged in the operation of the Category C of Launa car.

On November 18:35, 2012, the Defendant, at the speed of about 51 km from the original state, was straightened on the road near 366 km of the new forest located in the new forest.

At night at the time, the victim D(n, 88 years old) was in operation in the front of the road, facing the defendant's driver's vehicle, and the driver's vehicle was in operation. Thus, the driver's duty of care to prevent the collision by properly manipulating the front side, accurately manipulating the steering and brake system, and to prevent the occurrence of the accident.

Nevertheless, even though the Defendant discovered the victim in front of the road, he neglected to do so in order to cause damage to the victim and was negligent in driving the victim with the front part of the vehicle in front of the Defendant driving, and caused the victim to shock on the road.

As a result, the Defendant suffered serious injury to the victim due to the above occupational negligence by suffering from a serious injury, such as an explacule of the trauma which requires medical treatment for at least 14 months.

Summary of Evidence

1. Defendant's legal statement;

1. A CD;

1. A medical certificate;

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

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. Article 62 (1) of the Criminal Act;

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

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 first type;

(b) Special contributors: Aggravation factors (where a serious injury has occurred), mitigation factors (where the injured party is grossly negligent in the occurrence of the accident), and mitigation factors;

(c) General convicts: Reduction factors (deposit an amount equivalent to money, purchase of comprehensive motor vehicle insurance);

(d) Scope of recommendations: Basic territory, April to October; and

3. Determination of sentence: Imprisonment without prison labor;

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