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(영문) 춘천지방법원 2014.02.04 2013고단1071
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

The defendant is a person engaged in driving C-2 truck.

On September 17:10, 2013, the Defendant driven the above truck and proceeded at a speed of about 60 km per hour from the south side to the south side of the road in the direction of the “Gangwon steel network” located in the Chuncheon Pharmaceutical Zone.

Since there is a road that often crosss the people to the vicinity of the crosswalk, there was a duty of care to reduce the speed to the driver, to live well before the road, and to prevent the accident by ascertaining whether there is a person who gets a walk.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed and received the part of the bicycle side of the victim D (year 71) driving that cross the above road from the right side to the left side as the front part of the truck driving of the Defendant.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the F Hospital located in Chuncheon-si E, where he was under the follow-up treatment at around 09:20 on October 11, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reports on the occurrence of a traffic accident;

1. Surveying the actual situation and calculating the speed;

1. Addition of a summary photograph and field photograph;

1. Application of Acts and subordinate statutes to death certificate or photographs of the deceased;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (referring to the following reasons for sentencing)

1. Not less than one month but not more than five years, for credit cooperatives within the scope of punishment by law;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] traffic accidents: Death of ordinary traffic accidents [special sponsers] - mitigation factors (where there are considerable negligence on the part of the injured party for the occurrence of traffic accidents or the expansion of damage] mitigation areas [decision on the recommended area] mitigation areas (decision on the recommended area] 4 months to 10 months;

3. The decision of sentence shall be made by the defendant;

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