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(영문) 춘천지방법원 원주지원 2014.04.29 2014고단31
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 three 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 DNA motor vehicle.

On January 4, 2014, at around 07:20, the Defendant proceeded at a speed of about 60 km from the surface of the prime cultural institute to the surface of the KBS distance.

Since there is a road where a crosswalk is installed, in such a case, a person engaged in driving of a motor vehicle has a duty of care to check whether he/she has a person to build the crosswalk and safely drive the crosswalk and prevent the accident in advance.

Nevertheless, the Defendant did not find out the victim E (the age of 55) who was installed in the front bank from the right side of the crosswalk while neglecting the front city as it is, but did not find out the victim E (the age of 55) and received the front part of the said car.

Ultimately, at around 20:00 on January 5, 2014, the Defendant caused the victim’s death by negligence in the above occupational negligence, from G Hospital located in Hanju-si F due to acute cardiopulmonary pulmonary death resulting in the death of the victim due to acute cardiopulmonary pulmonary death during treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written statement of I;

1. Application of Acts and subordinate statutes, such as a death certificate or CCTV image photograph (No. 14, 16 No. 5);

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

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. Criteria for the suspension of execution [main reasons for the suspension of execution] positive: Where death or serious injury occurs (general reasons for the suspension of execution], the comprehensive automobile insurance shall be subscribed for without any previous conviction or more.

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