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(영문) 춘천지방법원 2015.07.02 2015고정193
업무상과실자동차전복
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B M& car.

On August 20, 2014, the Defendant driven the above car at around 16:50 on August 20, 2014, and led to turn to the left from the 5th parallel of Korea, the first day distance at the scholarship school of Chuncheon-si.

Since there is an intersection where signal lights and non-protection line signs are installed, there was a duty of care to prevent accidents in advance by safely driving the driver of the vehicle by reducing speed and checking the right and the right and the right of the driver of the vehicle.

Nevertheless, the defendant neglected to turn to the left at the opposite side of the straight line, which was driven by the victim C (Woo, 35 years old) in accordance with green straight line from the opposite side due to negligence of left-hand turn, and received the even parts prior to the left-hand side of the driver's vehicle by the defendant's driver's vehicle.

Ultimately, the Defendant got off the car with the victim C and E (13 years of age) due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the report on the occurrence of traffic accidents and the actual survey report;

1. Article 189 (2) and Article 187 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. A fine of 700,000 won for which the sentence is suspended; and

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The meaning of a suspended sentence: A system which suspends the suspension of sentence for a specified period and is deemed to be acquitted after the specified period has elapsed;

Effect of suspension of sentence: it shall be considered to be acquitted after two years have elapsed from the date of receiving the suspension of sentence (Article 60 of the Criminal Act). Lapse of the suspension of sentence: The suspended sentence shall be imposed when a person who receives the suspension of sentence becomes subject to a judgment of suspension of qualifications or more severe punishment, or when

(Article 61 of the Criminal Act). The reasons for sentencing under Article 59(1) of the Criminal Act are favorable.

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