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(영문) 춘천지방법원 2016.01.14 2015고단1198
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the C Launa car.

On October 21, 2015, the Defendant driven the above car at around 17:40, and led the Defendant to drive the said car at an irregular speed at a low speed, one lane from the surface of both-gu Eup, i.e., a road of approximately 300 meters away from each other, to the surface of both-Eup, which is located at a low speed of 300 meters away from each other.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly operate the front line and safely operate the tea.

Nevertheless, the front part of the victim D(42) E, which was driven at the opposite vehicle line due to the negligence of breaking the central line, was shocked by the front part of the said car.

Ultimately, the Defendant caused the death of the victim due to multiple prolonged damage on the road above around 18:15 of the same day by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to survey reports on actual condition and death certificates;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. The scope of recommended punishment according to the sentencing guidelines [the types of crimes] shall not be subject to punishment for the death of traffic accidents (special mitigation elements], and the punishment (the scope of recommended sentence] shall be limited to imprisonment without prison labor for April through October (the area of mitigation);

2. Although the result of the instant crime, such as the death of the victim who was sentenced to the sentence, the Defendant committed the instant crime. However, the Defendant has a deep depth of the mistake, the Defendant agreed with the bereaved family members of the victim, the bereaved family members of the victim do not want the punishment against the Defendant, and the Defendant’s vehicle is deemed to have been partially recovered from the damage caused by the purchase of a comprehensive motor vehicle insurance policy.

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