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(영문) 춘천지방법원 2015.04.03 2015고단69
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 engaging in driving a rocketing car.

On November 9, 2014, around 05:45, the Defendant came to proceed to the direction of the movable property and security center on the top of sand, depending on the road of one-lane in front of Chuncheon City D.

However, since the former is a bend road, there was a duty of care to reduce speed in advance so that a person engaged in driving of a motor vehicle does not deviate from the road, and to accurately operate steering devices and brakes.

Nevertheless, the Defendant neglected this and went away from the vehicular road due to negligence while driving the motor vehicle as it is, the Defendant got off the side of the road and got off the motor vehicle.

Ultimately, the Defendant caused the death of the victim E (V, 58 years of age) who was accompanied by the said car due to the foregoing occupational negligence, from the Hancheon-si Hospital at around 08:43 on November 9, 2014, at the Hancheon-si Sacheon-ro 77, the Defendant caused the death of the victim E (V, 58 years of age) due to a mass transfusion shock.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. The actual condition survey report on traffic accidents and the actual condition survey report;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 2 (Type 4-10) (Special Mitigation) (Article 62(1) of the Act on the Suspension of Execution] (Article 62(1) of the Act on the Punishment, etc. of Traffic Accidents) is not subject to punishment (Article 62(1) of the Act on the Punishment, etc. of Traffic Accidents)

However, the fact that the defendant was accompanied by the defendant to assist the victim, that the defendant's driver's vehicle is covered by a comprehensive motor vehicle insurance, that the defendant paid 20 million won to the bereaved family members of the victim and agreed to pay 20 million won.

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