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(영문) 춘천지방법원 2015.02.05 2014고단1326
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-si.

On October 7, 2014, at around 18:31, the Defendant driven the above taxi parked on the road front of Chuncheon City, D, which was parked on the side of the road, and proceeded from the side of the multi-land farm to the terminal shooting distance, and turned to the opposite lane.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and hereded the victim E (year 61) who walked from the road without permission on the flapsing side, and went beyond the said taxi by receiving the victims.

At around 08:41 on October 18, 2014, the Defendant caused the death of cerebrovascular at the National University Hospital located in 120-1, Gwangjin-gu, Seoul, to the victim by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs of traffic accidents;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [Determination of a Sentencing] 2 (Special Convicted Persons) (including efforts to recover damage caused by traffic accidents) traffic accidents in general traffic accidents (decision of a Sentencing ] - In the event that there are considerable negligences on the occurrence of traffic accidents or the expansion of damage to victims, decision of the area of recommendation] Special mitigation [Determination of the area of recommendation] / [Determination of the area of recommendation] 2 months to 10 months / Suspension of Execution / In the event that a negative death or serious injury has occurred or that significant danger to life has occurred due to escape, the principal reasons for the suspended sentence are not punishable if the victim was negligent due to the occurrence of traffic accidents or the expansion of damage.

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