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(영문) 춘천지방법원 2012.12.27 2012고단1154
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-wing cargo vehicle.

On October 14, 2012, the Defendant driven the above cargo vehicle around 18:30, around 18:40, the Defendant driven the above cargo vehicle along the two-lane road of about 44 kilometers in the south of Hongcheon-gu, Hongcheon-do, Hongcheon-do, in the direction of about 60 kilometers in speed from the south of Hongcheon-do.

At the time, there are nights, and a crosswalk was installed at the front door, so there was a duty of care to check whether a person engaged in driving of a motor vehicle has a right to drive the motor vehicle by reducing the speed of the motor vehicle and by checking well the right and the right.

Nevertheless, the Defendant neglected this and tried to find out the victim D(73 years of age) late from the left side of the road to the right side of the victim when the Defendant sleeped the crosswalk due to negligence, but failed to avoid the situation, and received the victim's head head head from the front side of the above cargo vehicle.

Ultimately, around 06:05 on October 15, 2012, the Defendant caused the victim to die with cerebral blood at the Hongcheon-si Hospital located at 17, Hongcheon-gu, Hongcheon-ro Forest Park on the aforesaid occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a death certificate;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (see the reasons for sentencing under the following) of the suspended sentence (see the reasons for sentencing), traffic crimes, general traffic accidents, and Type II (Specially Convicted) of the Criminal Act: The area of mitigation [decision on the recommended area], the area of mitigation of punishment (decision on the recommended area], the area of imprisonment without prison labor for not less than four months,

1. Main reasons for a death: The occurrence of a result of death, a member not subject to punishment, or a person who has no record of criminal punishment (affirmative);

2. Reasons for general participation: Article 3 of the Special Education Act.

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