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(영문) 춘천지방법원 원주지원 2016.09.20 2016고단665
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 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 Class C cargo vehicle.

On May 6, 2016, the Defendant 06:50, around 06:50, at the deaf-gu Crossing-gun D, went through the starting of the above vehicle.

At the time, the victim E(3) was located on the front side of the Defendant’s vehicle, so there was a duty of care to prevent accidents in advance by walking the vision and operating the steering system in order to identify the location of speed change and accurately operate the steering and brakes on the vehicle to those engaged in driving of the vehicle.

Nevertheless, the Defendant neglected to do so and did not board the Defendant’s vehicle while entering one part of the vehicle, left from the outside of the driver’s seat, left the knife to the left hand, left the knife, left the knife, left the knife, left the knife, and got the Defendant’s vehicle in front of the Defendant’s knife.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence as seen above, around 06:50 on May 6, 2016, in the same place, the multiple fluoral frame was cut off, etc.

Summary of Evidence

1. The defendant's legal statement 1, F, and G respective police statements;

1. A traffic accident report and a traffic accident report (on-site investigation report) (1) (2);

1. A corpse examination report and a photograph of a dead body dead;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the investigation report;

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 recommended punishment] The mitigated area (4 months to 1 year) of the mitigated area (including special mitigated persons), the imprisonment without prison labor for 8 months and the suspended execution period of 2 years, the Defendant shocked the victim while driving the vehicle in his/her hand outside without boarding his/her own cargo, while driving the vehicle in the future.

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