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(영문) 춘천지방법원 강릉지원 2013.07.04 2013고단187
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

At around 17:00 on March 12, 2013, the Defendant driven the C-wing and C-III cargo vehicles, and operated the left turn to the left at the seat of the C-Jon Police Station in front of the bones pots, such as bones pots, which are in the C-J and C-C-C-C-C-C-Woo

At that time, there is no signal signal, and at the front of the road, the driver has a duty of care to check whether there is any person who gets a road by reducing the speed and checking the right and the right and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the defendant neglected this and operated it on the left side of the victim D (the age of 68) who walked on the crosswalk from the right side of the proceeding direction to the left side of the road and exceeded the ground by shocking the left side of the victim D (the age of 68) into the front part of the vehicle.

As a result, the Defendant suffered from the Defendant’s negligence in the course of performing the above duties, such as pressure duplicating the second tensions requiring medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs;

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

1. Article 3 (1) and the proviso to Article 3 (2) and the proviso to Article 3 (2) of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, and Special Cases concerning Selection of Punishment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of recommendations on the sentencing guidelines: Scope of recommendations [decision of types] on the sentencing guidelines, traffic crime group, general traffic accident Type 1 (Bodily Injury resulting from Traffic Accidents) (Special Convicts) - Mitigation factors: no penalty is imposed (determination of the recommending area and the scope of recommendations): Not more than six months without prison labor;

3. Determination of sentence: Decision of sentence of imprisonment without prison labor: 2 years of suspension of execution in June, 40 hours of order to attend a lecture (the reason for suspension of execution) - The reasons for major participation include the negative factors of the same criminal records (not more than a five-year period of suspension of execution) but the reasons for general participation are agreed as positive factors.

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