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(영문) 춘천지방법원 원주지원 2013.04.16 2013고단29
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 freight B and B.

On October 12, 2012, around 10:03, the Defendant proceeded with the three-lane roads of “the gallongal gallon of Sindo” located in the official Dong Dong in the city of nuclear power in the city of nuclear power, depending on two-lanes from the home flusium to the English High School.

At the same time, the two-lanes are two-lanes, and the victim C(76 years of age) has moved from three-lanes to one-lanes on the front direction of the defendant's proceeding, and in such a case, the person engaged in driving a motor vehicle has a duty of care to reduce the speed and to safely drive the motor vehicle by checking well the right and the right and the right of the road.

Nevertheless, the defendant neglected this and got the victim to use the front wheel part of the bicycle driven by the defendant in front of the right side of the cargo vehicle driven by the defendant in the vicinity of the above road.

Ultimately, at around 11:42 on October 12, 2012, the Defendant caused the death of the victim due to the blood shock in D Hospital’s occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents and death certificates;

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 reflectness, absence of criminal records above the suspension of execution, and the victim actively.

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