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(영문) 춘천지방법원 원주지원 2014.09.24 2014고단613
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On May 2, 2014, the Defendant driven the said car on May 13:35, 2014, and led to the driving of the said car along the first two-lanes from the site to the international apartment zone.

At all times, a crosswalk is installed on the front side, and the victim D (80 years of age) passed around the crosswalk to the right side from the left side of the motor vehicle on the front side, so the person engaged in the driving of the motor vehicle has a duty of care to reduce speed and to safely drive the motor vehicle by taking into account the front side and the left side.

Nevertheless, the Defendant was negligent in neglecting this and driving the Defendant’s driving on the front part of the passenger vehicle in front of the Defendant’s driving and received the right side part of the victim’s driving.

Ultimately, at around 04:34 on May 23, 2014, the Defendant caused the death of the victim by the occupational negligence, resulting in the death of the victim by an excessive extremsis from the main body of the household school in the Republic of Korea, which is located in the 20-ro, Hanju-si, Hanju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Photographss by cutting a black stuff image;

1. A death certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Application of the sentencing criteria;

(a) Determination of types: Traffic crime, general traffic accident, and Type II;

(b) Persons who are specially sentenced to punishment: The elements of mitigation;

(c) General life-sustaining persons: Reduction factors (Purchase of the motor vehicle comprehensive insurance);

(d) Scope of recommendations: Reduction area, four months to ten months; and

3. Determination of sentence: Ten months of imprisonment without prison labor, two years of suspension of execution, 40 hours of order to attend a course (limited to reasonable circumstances) and unfavorable to motor vehicle comprehensive insurance.

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