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(영문) 춘천지방법원 원주지원 2016.05.31 2016고단303
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 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 a BM3 car.

On February 2, 2016, the Defendant driven the above vehicle at around 18:55 on February 2, 2016, driving the three-lane road in front of D in front of C in front of C in front of the original city, from the boundary of the police station in front of the original city to the boundary of the South-west market, and made the left turn to the left at the boundary of the third-luminous site when it comes to the aforesaid distance

At that time, the victim E (68) was crossing the above private distance from the left side of the moving direction of the defendant, so the suspect engaged in driving a motor vehicle has a duty of care to safely operate the front side and the right side and the right side of the motor vehicle and prevent the accident by operating the steering direction and the steering system accurately.

Nevertheless, the Defendant neglected this and neglected to turn to the left, caused the above victim to go beyond the floor of the Defendant’s front part of the vehicle, and led the victim to go back with the wheels of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim due to the pulmonary injury, etc. from the Switzerland Hospital, which is located in the 20-ro from the Won-si, Seoul Special Self-Governing Province, the transfer fee of which was charged on February 2, 2016, by the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. A death certificate;

1. A criminal investigation report (related to attaching shotos);

1. Application of the Act and subordinate statutes to a criminal report (related to attaching a copy of a CD in black stuffs);

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The defendant is the defendant of the second type of traffic accident (the second class to October), the mitigation area (the person who has been specially mitigated) [including the person who has made efforts to recover damage] the punishment not (the person who has been specially mitigated), six months of imprisonment without prison labor] and the suspended sentence two years.

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