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(영문) 춘천지방법원 원주지원 2014.11.05 2014고단866
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 driving a Bsch Rexton car.

On August 29, 2014, the Defendant driven the said car on the 14:40th day of August 29, 2014, and driven the road of 185 (185) to the new elementary school on the right side of the front city.

At this point, he was a bend and a bend, and the victim C (50 years of age) was prone to the right edge, and thus, the driver had a duty of care to drive after checking the situation and checking the right and the right and the right and the right of the driver, and checking the safety of the course.

Nevertheless, the Defendant got the victim due to the negligence of driving on the right side due to the driving of a stroke, and the part of the Defendant’s driving in front of the right side of the vehicle.

Accordingly, the Defendant caused the death of the victim due to the above occupational negligence due to the suspension of cardiopulmonary death due to the extraction of two aggregates at the above places on August 29, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written result of autopsy;

1. Application of Acts and subordinate statutes to the actual survey report;

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 of the community service order;

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) General life-sustaining persons: Reduction factors (Purchase of the motor vehicle comprehensive insurance);

(d) Scope of recommendations: Reduction area, four months to ten months; and

3. Determination of sentence: Death of a credit cooperative; six months of imprisonment without prison labor; two years of suspension of execution; 40 hours of community service order [free circumstances] agreed (agreement amounting to 20 million won); subscription to the comprehensive motor vehicle insurance; and death of a person who has no criminal record, in addition to criminal punishment of a fine exceeding one million won due to drunk driving on January 2002 (unfavorable circumstances).

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