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(영문) 춘천지방법원 2012.12.06 2012고단963
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for 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 a Csch Rexton car.

On July 31, 2012, the Defendant driven the above car on July 31, 2012, while driving it at the speed of about 50km from the northwest to the Hongcheon-si, Hongcheon-gun, the military police unit of the 11st parallel of the 11st parallel of the police unit in the northwest-do, Hongcheon-gu, Hongcheon-do, along two lanes.

Since there is an intersection, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by checking well the right and the right of the motor vehicle.

Nevertheless, the defendant neglected this and went beyond the road by taking the victim D(69) who crosses the road to the right side from the left side of the defendant's driving direction by his negligence.

Ultimately, the Defendant caused the victim to die by occupational negligence at the E Hospital around 12:30 of the same day due to multiple prolonged damage, etc.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The actual condition survey report;

1. A death certificate;

1. Application of statutes on site photographs;

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 (see the following reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of sentences] The basic area of punishment by imprisonment without prison labor for not more than five years (Scope of recommendations]: Imprisonment without prison labor for not more than 8 months - one year and six months (general penal persons): General mitigation factors: Criminal records of the same kind not falling under repeated crimes (reasons for suspension of execution of sentence);

1. Major reasons for the entry: Where death occurs;

2. Reasons for general participation: Voluntary reflect and subscription to comprehensive motor vehicle insurance.

3. Selection of a stay of execution: Each of the reasons set forth above, given that it does not fall under both the criteria for the suspension of execution and sentence.

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