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(영문) 춘천지방법원 2015.09.03 2015고단463
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving Cone Star A.S. car.

On March 26, 2015, around 19:44, the Defendant driven a tri-distance intersection at the entrance of Geum River-gu, Yangyang-gu, Yangcheon-gu, Yangcheon-gu, Yangcheon-gu, Yangcheon-do, at a speed of about 83 kilometers per hour from the scambri distance boundary to the scambri distance.

At that time, there is a three-distance intersection in which the signal apparatus of yellow on-and-off is operated. In such a case, a person engaged in driving service has a duty of care to reduce the speed at the time of entering the intersection and to yield the course when there is a vehicle already entering the intersection.

Nevertheless, the Defendant neglected this and proceeded with the front and rear door part of the EXN car, which was driven by D, which had gone to the left and left at the intersection due to negligence, without reducing speed.

The Defendant caused the death of the Victim F (F, 61 years of age) who is the Easter of the damaged vehicle due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident;

1. Each report on actual condition;

1. Photographs;

1. A death certificate;

1. Each police statement concerning G and D;

1. Transmission of results of traffic accident analysis;

1. Application of Acts and subordinate statutes of H and I written statements;

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 (The following favorable circumstances in light of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and order to attend a lecture [the scope of recommendation] general traffic accident area (including special mitigation persons in April-10) [including efforts to recover damage] mitigation area (including special mitigation persons], punishment and non-compensation (including serious efforts to recover damage] [the decision of sentence] victim's death due to Defendant's negligence.

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