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(영문) 춘천지방법원 강릉지원 2018.02.27 2017고단1255

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year 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 motor vehicle in the D SP area.

On September 16, 2017, the Defendant driven the above car at around 17:30 on September 16, 2017, and, at the same time, continued the Fgymnasium in front of the Fgymnasium in the north Pyeong distance.

At the same time, there was an intersection that is not supported by traffic control, so in such a case, there was a duty of care to safely drive the vehicle, such as reducing the speed prior to entering the intersection, leading to the operation of the vehicle.

Nevertheless, the defendant neglected the above duty of care and caused the victim to go beyond the floor by taking the front part of the HESCOTRT 110 Orala of the victim G (79 tax) who was going to the right side from the left side of the direction of the defendant's running by the negligence of entering the intersection as it is, without being negligent in performing the above duty of care.

Ultimately, the Defendant caused the death of the victim who was under treatment after being transmitted to the Gangnam Gyeongsan Hospital due to the foregoing occupational negligence, due to the brain injury on September 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Photographss related to traffic accidents and photographs by cutting down booms images;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria shall be limited to the range of general traffic accidents (the scope of the recommended punishment] and the area of mitigation (the period from April to one year) (including the special mitigation person] that is not subject to punishment (including the serious efforts to recover damage);

2. The defendant's decision-making decision-making has reached a smooth agreement with the bereaved family members of the victim, the occurrence and result of the traffic accident in this case has considerable negligence on the victim, and the primary offender is favorable to the defendant.