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(영문) 춘천지방법원 2016.06.02 2016고단214
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 who is engaged in driving a cargo vehicle of Class B and Class III.

The Defendant, at around 14:23 on January 12, 2016, driven the D’s annual salary intersection in front of the Hongcheon-gun, Hongcheon-gun, D, and caused the death of the victim, who was under medical treatment at the Hancheon-gun, Hancheon-gun, Hongcheon-gun, by failing to safely see the front side in a two-round manner, while driving the said cargo at a non-protective left-hand turn on both sides, due to the negligence that was driven by the victim E (the 46 age) who was directly engaged in the operation under the new subparagraph at a two-round level in the air protection area of Hongcheon-si, Hongcheon-do, Hongcheon-gun, the front part of the FRX125SM, which was driven by the victim E (the 46 age) with the upper part of the above cargo, on January 14, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. A investigation report (on-site verification) and an investigation report (verification of CCTVs for crime prevention);

1. Application of Acts and subordinate statutes of a 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 the result of the instant crime, such as the death of the victim who was sentenced to the sentence, the defendant is in depth, the defendant was living together with his bereaved family members, the victim's bereaved family members agreed smoothly with his bereaved family members, the victim's bereaved family members did not want the punishment against the defendant, the vehicle of the defendant's driver seems to have been partly recovered from the damage caused by motor vehicle comprehensive insurance, the defendant has no criminal history of the same kind, and there is no criminal history beyond the fine, and the defendant's age, sex, environment, and the instant case.

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