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(영문) 춘천지방법원 원주지원 2013.05.28 2013고단196
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 engaged in the operation of the B-to-pur vehicle.

On January 22, 2013, the Defendant driving the said car at around 18:50, and proceeded with a road of about 40km in front of the national measuring station located in the Ban-Eup Eup in the original city at the time of the original city at about a speed of about 140km from the half-round air protection area to the door-Eup air protection area.

At night, the victim C(n, 40 years old) was walking along the road side from the right side of the road in the direction of the operation of the said car. Thus, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the front side and the left side and the right side of the motor vehicle, and by accurately operating the steering direction and the brake system of the motor vehicle, there was a duty of care to prevent accidents in advance by changing the direction of the passage.

Nevertheless, while neglecting this, the Defendant did not find the victim due to negligence, and did not cause the victim to be faced with the part on the left side of the said vehicle, and caused the victim to face with the front right side of the said vehicle, and caused the victim to die due to brain damage in the front side of the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the report on the occurrence of traffic accidents and written autopsy;

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: In case of death, serious injury or injury (general reason for the suspension of execution] positive: serious reflectivity, absence of criminal records above the suspension of execution, and actively rescue or escort the victims.

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