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(영문) 춘천지방법원 원주지원 2012.09.25 2012고단587
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 Crane car.

On June 5, 2012, the Defendant driven the said car on June 21, 201:30, and led to the driving of the said car along the two-lanes of the new three-lanes in the Dong-gu, Nowon-gu, Nowon-gu, Nowon-gu, Nowon-gu, to proceed along the two-lanes of the two-lanes of the new three-lanes from the original bank

At this point, it was difficult to set up a crosswalk, and thus, the defendant had a duty of care to prevent accidents by reducing speed and safely checking the front left, and thereby safely preventing accidents.

Nevertheless, the defendant neglected this and found the victim D (the age of 66) who crosses the lane on the left side from the right side of the defendant's running direction to the left side of the defendant's driving direction as soon as possible, and operated it rapidly, but did not avoid it but did not go to the left side of the defendant's driver's car, and had the victim go beyond the victim.

Ultimately, the Defendant caused the death of the victim from the above occupational negligence, namely, the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes on police statement to E;

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;

2. Where the reason for sentencing [person subject to special mitigation] under Article 62(1) of the Criminal Act of the suspended sentence of punishment is significantly negligent in the occurrence of a traffic accident [the scope of recommending punishment] In the event of death, the occurrence of a traffic accident, the death of a traffic accident, the area of mitigation, the area of mitigation of a traffic accident, or the grounds for suspension of execution of imprisonment without prison labor for not less than 4 months and not more than 10 months (the reason for suspension of execution]: Where the victim has been negligent in the occurrence of a traffic accident: If the victim was also the occurrence of a traffic accident, the reason for affirmative participation is clear of social relationship, serious reflect, there

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