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(영문) 춘천지방법원 2014.05.15 2014고단257
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 of the final judgment.

Reasons

Punishment of the crime

The suspect is a person who is engaged in driving service of MXE 125 Syptoma.

On February 18, 2014, the suspect driving the above vehicle at around 17:55 on February 18, 2014, led to the direction of the direction of the river basin in front of the river basin in the area of the temporary parking lot for the river from the river basin in the south City of Chuncheon.

A person engaged in driving service has a duty of care to live well the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of operation.

Nevertheless, due to the negligence of neglecting this, the bridged between Bridges and the bridged between Bridges, and fell into the river below the bridge.

In such an accident, the victim D (22 years of age, inn) who was accompanied by the back seat of the victim's vehicle, suffered injury, such as massage expenses requiring eight-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on a traffic accident (1) and a written statement on the occurrence of a traffic accident;

1. Statement made to D by the police;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Determination of Punishment] Traffic Accident in general traffic accident (the person who has a special punishment for traffic accident) - Where a serious injury has occurred (the first type) / [Determination of the recommended area] where a serious injury has occurred (the scope of the recommendation area] / [the scope of the recommendation area] 8 to 1 year and 6 months [the scope of the general person] - there is no criminal punishment of reflective punishment of a considerable amount of money deposited where a person has been charged free of charge due to the subparagraphs of mitigation factors (the scope of punishment] applicable provisions: 1 to 5 months: (1) of the special law of the school: (1) - Where a negative death or serious injury has occurred, or where there is a significant danger to life due to escape, - there is no positive criminal punishment power: there is no positive declaration of reflective sentencing [decision of sentence].

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