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(영문) 춘천지방법원 2016.08.31 2016고단721
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 engaging in driving a rocketing car.

On June 9, 2016, the Defendant temporarily laid down and started a road in front of Chuncheon City C from the engineering side of Tae-dong, Taecheon-si, to the Chuncheon-ro, in order to turn off the road to the right side of the traffic distance.

Since there are reports on both sides of a road and the passage of pedestrians is frequent, in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle has a pedestrian by properly examining the right and the right of the front and rear, and to safely drive the motor vehicle.

Nevertheless, the defendant neglected this and did not discover the victim E (the age of 53) who walked on the left-hand side from the right-hand side of the car driving direction and did not find the victim E (the age of 53) and caused the damage to the front side of the above right-hand car to go beyond the ground.

Ultimately, the Defendant caused the death of the victim due to brain paralysis at the Gangwon-do University Hospital located in Chuncheon-si, 156, which was under treatment for transmission after around 22:45 on June 12, 2016 due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the survey report and death certificate;

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 there are some unfavorable circumstances, such as the fact that the result of the instant crime was extremely serious, such as the death of the victim who was sentenced to punishment, the Defendant is breaking the wrong depth, and the Defendant has agreed with the bereaved family members of the victim.

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