(영문) 춘천지방법원 강릉지원 2014.11.26 2014고단836

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(영문) 춘천지방법원 강릉지원 2014.11.26 2014고단836

교통사고처리특례법위반

Text

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

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 engaging in driving a rocketing car.

On January 1, 2014, the Defendant driven the said car at around 06:38, and led to the operation of the road 2181 ahead of the Gangseo-si, Jung-si, Jung-si, to the direction from the right edge of the road.

At the same time, the surrounding area was shel, and the front door was not good, so there was a duty of care to safely drive the driver of the vehicle by reducing the speed and accurately operating the steering direction and brake system.

Nevertheless, the Defendant neglected this and did not discover the bicycles driven by the victim D (the age of 64) who was driving ahead of it as it was, and did not leave the victim's right part of the bicycle and got the wheels of the above bicycle back to the road.

Ultimately, the Defendant suffered a serious injury on the part of the victim due to the above occupational negligence during about 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. An accident site photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order include: (a) the defendant's wrong recognition of his/her offense; (b) the primary offender is the primary offender; and (c) the fact that damage to the victim is serious and the victim's damage is not agreed with the victim although it is serious; and (d) the circumstances that are unfavorable conditions for sentencing such as the victim's age, character and conduct, family relation; (b) the background of the instant crime; and (c) the subsequent process, etc., shall be taken into account; and (d) traffic crimes within the sentencing criteria,

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