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(영문) 춘천지방법원 강릉지원 2013.06.27 2013고단9
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

On November 3, 2012, at around 17:20, the Defendant driven DGTS125 Oba, and opened a two-lane road in front of the Dong-dong Elementary School in Gangseo-si, Gangwon-si, and proceeded with approximately 50 km each hour from the intersection of the Red Cross to the intersection of the Red Cross.

At that time, it is the front road and the downway of the school, and the victim E (n, 73 years old) was fluence in the center of the center line. As such, the person engaged in driving service had a duty of care to check and drive the safety after reducing the speed and stopping the situation at sufficient intervals.

Nevertheless, the defendant neglected this and caused the victim who was crossing the road to the right side from the left side of the running direction of the vehicle of the defendant to go beyond the front wheels of the defendant's vehicle.

As a result, the Defendant caused the victim's death on November 4, 2012 at G Hospital located in the Gangwon-si F of Gangseo-si on the ground of cardiopulmonary damage caused by cerebral damage during treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A written statement of the occurrence of a traffic accident of I;

1. Reports on the occurrence of a traffic accident;

1. Field photographs, etc.;

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 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 (including favorable reasons, etc. among the reasons for sentencing following the suspended sentence);

1. The range of punishment: One month to five years of imprisonment without prison labor;

2. Application of the sentencing guidelines [Determination of types] Transport Crime Group, General Traffic Accidents, Type 2 (Death, etc. of Traffic Accidents): None of the increased factors - Reduction element: where there is substantial negligence on the occurrence of traffic accidents even for the victim (fluence) and where the victim is not punished [limited to the decision-making in the area of recommendation and the scope of recommendation] mitigation range: Imprisonment without prison labor for not less than four months.

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