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(영문) 춘천지방법원 강릉지원 2013.03.27 2012고단984
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 one year 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 low-speed car B.

At around 14:50 on October 3, 2012, the Defendant driven the said car, leading to a road between 2,02, and 203 east-si, which is located in Gangnam-si, to a level of about 20 km from the side of the latter 205 apartment complex at the speed of about 20 km at the speed of 20 km.

Since a place is an intersection in an apartment complex, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as checking whether there is a person who gets a way to reduce speed and check the side well.

Nevertheless, the defendant did not discover the victim C(4) who crosses the road to the right side from the left side of the running direction of the defendant due to the negligence of neglecting this, and did not discover the victim C(4) who crosses the road to the right side and got the victim to go beyond the ground.

Ultimately, at around 15:34 on October 3, 2012, the Defendant caused the victim’s death by the negligence in the above occupational negligence, resulting in low-weight shock shocks caused by the emulsion while being treated at the Gangseo-si D Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to a traffic accident report, a traffic accident report, a actual survey report, on-site photographs, and a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, and Article 268 of the Criminal Act (the occupation of death by occupational negligence, occupation of

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances that can be seen as the reason for the suspended sentence) brought about a result that the defendant was negligent in driving the vehicle while neglecting to do so, leading to the shock of the victim and resulting in the victim’s death. Moreover, the victim has a mental shock that the victim was the victim’s bereaved family member due to the victim’s death at the age of four years old.

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