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(영문) 춘천지방법원 강릉지원 2016.03.18 2016고단36
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 of a wing tower in C.

On November 24, 2015, the Defendant driven the above tower around 06:55 on the 06:55, and proceeded at the speed of about 40 km per hour between the two lanes from the beginning side of the same region with the crosswalk in front of the “E” located in D at the East Sea.

At the time, it was difficult to kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't, so in this case, the driver

Nevertheless, the Defendant neglected this and proceeded on the right side of the road by finding out the victim FF (73 3) late from the left side of the proceeding direction to the right side of the road, and operated it rapidly, but the Defendant did not avoid it, and it exceeded the road by shocking the damaged person into the front side of the driver's vehicle operated by the Defendant.

As a result, the Defendant caused the death of the victim due to the shock shock and the blood therapy in the emergency room of the Gangseo-si Hospital at around 10:04 on November 24, 2015, at around 10:04, which is located in the Gangseo-gu, Gangseo-gu, U.S. (38).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A fact-finding survey report, report on the occurrence of a traffic accident, and map on the scene of a traffic accident;

1. A death certificate;

1. Application of Acts and subordinate statutes on traffic accident-related photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is [the scope of applicable sentences] from 1 month to 5 years of imprisonment without prison labor (the scope of recommended punishment according to sentencing guidelines). The mitigation area of general traffic accidents (such as traffic accidents from 4 months to 10 months) (the scope of recommended punishment according to sentencing guidelines).

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