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(영문) 춘천지방법원 원주지원 2015.01.14 2014고단810
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area.

On February 20, 2014, the Defendant driven the above vehicle at around 21:45, while driving the two-lane road from the right side of the effective white apartment in front of the 101-dong in the driving zone of the original city in the original city, and driving the two-lane road from the right side of the filial apartment, the Defendant caused danger of life and injury to the victim D (52 years old) crossing the road from the right side of the Defendant's vehicle due to occupational negligence, which did not accurately operate the steering direction and brake system, and did not accurately operate the steering direction and brake system from the right side of the Defendant's vehicle for about 12 months.

Summary of Evidence

1. Partial statement of the defendant;

1. Each testimony of witness E and F;

1. Report on investigation (Visits);

1. Medical certificate (78 pages for investigation records);

1. Application of Acts and subordinate statutes on reports on occurrence of traffic accidents;

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 first type;

(b) Special amnesty: Aggravation factors and mitigation factors (if any, at substantial negligence on the victim involved in the occurrence of a traffic accident);

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

(d) Scope of recommendations: Basic territory, April to October; and

3. Determination of sentence: A sentence of imprisonment without prison labor for six months, a suspended sentence of one year, and twenty-four hours (or under a reasonable circumstances) of an order to attend a course at night, when an accident occurs while the victim illegally crosss the road beyond the drums set up between the roadway and India while under the influence of alcohol at night.

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