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(영문) 춘천지방법원 2018.06.27 2018고단168
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for a period of two years 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 Cone Star Co., Ltd.

On November 24, 2017, the Defendant: (a) driven the above vehicle at around 17:55, and had the victim D (M, 77 years of age) who fested the center line at the end of the last part of the front line of the Chuncheon-si, Chuncheon-si, the front line of the 293-do 407 local highway at the speed of Chuncheon-do toward the front line (293), leading about about 60km in the speed of the Sincheon-do, and had the victim D (M, 77 years of age) who flicked on the front line of the said vehicle go beyond the ground.

Ultimately, the Defendant caused the victim’s death by occupational negligence in the above 18:56 on the same day from the emergency room of the E Hospital located in Chuncheon-si. In the same day, the Defendant caused the victim’s death by dystrokeing dys, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual condition, traffic accident site photograph, death diagnosis report, and photograph of a deceased person;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures is that the Defendant shocked the victim who was in front of the Defendant’s playing the center line beyond the center line at night, and the negligence of the Defendant is not less vulnerable. While prior to 2002, the Defendant has been subject to criminal punishment for traffic-related crimes such as drinking or non-licensed driving, etc., and the victim’s serious result of death, etc. is an unfavorable sentencing element against the Defendant.

However, the sentencing factors favorable to the defendant include the fact that the defendant seems to have recognized and reflected the crime of this case, the fact that the vehicle of the defendant is covered by comprehensive insurance, the fact that the bereaved family members of the victim agreed with the bereaved family members, etc. do not want the punishment of the defendant, etc., shall be considered as the sentencing factors that are favorable to the defendant, and the age, sex behavior, environment, and crime of the defendant.

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