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(영문) 춘천지방법원 속초지원 2016.07.13 2016고단78
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 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 driving a DNA cargo vehicle.

On December 28, 2015, the Defendant driven the above cargo vehicle around 06:20 on December 28, 2015, and operated at a speed of about 72 km from the beginning to the high speed of the national road of 7 km, which is in the scopic scopic of the Gangwon-gun.

Since the place has a crosswalk where signal lights are installed, in such a case, there was a duty of care to safely drive the motor vehicle to prevent the accident by safely driving the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected to do so and did not neglect and proceed with the change of vehicle driving signals to a stop signal, and received the victim E (the age of 66) (the age of 6) who was dried from the side of the NAF to the village of the YF from the NAF to the village.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence by causing the injury of the injury of the injury, etc. while receiving treatment from the elementary medical center located in the area of three (3) Sin Sin Sin Sin Sin-si in the same day on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A corpse death certificate;

1. Application of statutes on site photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service orders;

1. Application of the sentencing guidelines [the scope of recommended punishment] general traffic accidents, types 2 (Death of Traffic Accidents, Death of Motor Vehicles, etc.) and the area of mitigation (the imprisonment without prison labor for April through October) (including special mitigation persons] and non-members of punishment (including serious efforts to recover damage);

2. The fault and the degree of illegality of the defendant recognized in this case, which are likely to result in the death of the victim.

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