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(영문) 춘천지방법원 2012.12.27 2012고단986
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car Cststuna third car.

On August 7, 2012, the Defendant driving the said car at around 05:05, and driving it on August 7, 2012, at the speed of about 60km from 5:00 to 3 km in front of the Cheongcheon-si Scholarship-si scholarship Myeon.

At this point, it is a bend line with the center line of yellow solid lines. Therefore, a person engaged in driving service has a duty of care to safely drive the motor vehicle by checking the front line and the left and the right and the right, and safely operating the motor vehicle.

Nevertheless, the Defendant neglected to do so and got the Victim D(66 years old) driving EN125 Oba in front of the said car and let the victim go beyond the road, thereby causing the death of the victim at Chuncheon Acheon Mental Hospital around 05:37 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes concerning autopsys;

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 (see the reasons for sentencing under the following) of the suspended sentence (see the reasons for sentencing), traffic crimes, general traffic accidents, and Type II (Specially Convicted) of the Criminal Act: The area of mitigation [decision on the recommended area], the area of mitigation of punishment (decision on the recommended area], the area of imprisonment without prison labor for not less than four months,

1. Major reasons for participation: Occurrence of a result of death, and a member not subject to punishment;

2. Reasons for general participation: Before the suspension of the execution on more than two occasions, falling under the proviso of Article 3(2) of the Special Class of the School Act, falling under the serious reflectivity, age of the defendant, the comprehensive motor vehicle insurance (affirmative) [decision of sentence] of the defendant is in depth against the crime of this case, the defendant has agreed with the victim's bereaved family members, and the vehicle is covered by the comprehensive insurance.

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