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(영문) 춘천지방법원 원주지원 2014.02.11 2013고단861
교통사고처리특례법위반
Text

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

except that 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

The defendant is a person who is engaged in driving vehicles of Bskid's construction machinery.

On September 27, 2013, at around 08:30 on September 27, 2013, the Defendant, at the site of the road packing construction work, driven the above vehicle as a rear-down and collected concrete parts.

Since it is a road and a construction site, in such cases, a person engaged in driving of a motor vehicle has a duty of care to check whether he/she has access to the direction of progress by checking well the right and the right of the motor vehicle and to prevent accidents in advance by driving the motor vehicle safely.

Nevertheless, the Defendant did not find out the victim C (the age of 65) who is a body body at the site where he was living together with the negligence of neglecting the back of the vehicle, and did not find out the victim C (the age of 65) and served as the back side of the above vehicle with the back wheels of the above vehicle.

Ultimately, at around 09:46, Sept. 27, 2013, the Defendant caused the victim to die in the mouth and the body of the patient during the treatment process at the nuclear hospital in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant in the nuclear power plant.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. Copy of the police statement of E;

1. Reports on the occurrence of a traffic accident;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a type of punishment without prison labor ( Taking into account the circumstances of the accident in this case, the degree of negligence of the defendant, the seriousness of the result, etc.);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Standard for a type of punishment and a sentence [Determination of a type of punishment] among traffic crime groups, the Class II (Special Aggravation of Death of Traffic Accidents): Reduction element of a general traffic accident (Death of Motor Vehicle Accidents): None of the factors to increase punishment: None of such factors (the scope of recommendation): April to October of a credit cooperative;

2. The criteria for the suspension of execution (the main reasons for the suspension);

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