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(영문) 춘천지방법원 원주지원 2013.12.24 2013고단758
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 PP car.

On October 14, 2013, around 08:30, the Defendant proceeded in front of the second apartment of the second apartment of the second apartment of the second apartment of the city, one-lane at a speed of about 60 km in Si speed from the shooting distance of the original medical center to the slope of the main fire fighting center of the city.

In this case, the driver of the vehicle has a duty of care to live well the right and the right and the right and the right of the driver of the vehicle and drive the vehicle safely.

Nevertheless, the defendant did not avoid the victim C (68 years of age, female) who passed the electric wheelchairs from the right side of the above road to the left side by negligence while neglecting the front-down city, and received the front part of the above car.

Ultimately, at around 09:19 on October 14, 2013, the Defendant caused the victim’s death by occupational negligence, resulting in the death of the victim due to cardiopulmonary pulmonary crison damage, etc. at the E Hospital located in Da, Changju-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident occurrence report;

1. Application of Acts and subordinate statutes of a death certificate;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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, serious injury, or death (general reason for the suspension of execution): There is no negative effect on the purchase of comprehensive motor vehicle insurance:

3. Determination of sentence: Two years of a stay of execution in October of imprisonment without prison labor; and

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