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(영문) 춘천지방법원 속초지원 2013.06.05 2013고단10
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of a wing and cargo vehicle C.

On October 5, 2012, the Defendant driven the above vehicle on October 5, 2015, and proceeded at a speed of about 70 km from the intersection to the intersection of the national highways of 70 km in front of the Songwon-gun, Jin-gun, Jin-gun, Jin-gun, Jin-gun.

At the time, it is night, and there is a hond road, so a person engaged in driving duty has a duty of care to prevent accidents in advance by safely driving the front door and the right and the right.

Nevertheless, the defendant neglected this and did not keep the victim D (the age of 46) who was crossing the right from the left side of the front bank due to the negligence of proceeding without living well the front bank, and did not avoid the victim D (the age of 46) who was crossing the right side, and got the victim to go beyond the floor.

Ultimately, around October 5, 2012, around 13:50 on October 5, 2012 by occupational negligence, the Defendant caused the death of the victim due to the pulmonary injury in the E Hospital Emergency room in the Gangseocheon-si, Gangwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a actual condition survey report, and a scene photograph 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 and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 11 and Article 55 (1) 3 of the Criminal Act for mitigation of deaf-mutes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant has recognized his mistake, that the defendant is deaf or mutes, that he has subscribed to a comprehensive insurance, that he deposits 10 million won for the bereaved family members of the victim, and that the defendant has no criminal record other than the criminal record of a fine which has been imposed for not less than 20 years);

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