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(영문) 춘천지방법원 원주지원 2017.05.18 2016고단1303

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

On July 22, 2011, the Defendant was sentenced to a four-year sentence of imprisonment for robbery in the Incheon District Court Branch of the Incheon District Court due to robbery and completed the execution of the sentence on April 5, 2015.

On October 12, 2016, the Defendant driven a vehicle of Passat 2.0 TDR (Pasat 2.0 TDI) on October 12, 2016, followed three-lanes by the road of three-lanes near the 615-lanes in the original city of the prime city in the front city with the view of the blue water market.

At night, and there was a three-distance intersection where the signal, etc. of yellow on and off-off was installed at that time, so the Defendant was obliged to pay attention to reduce speed and to prevent accidents in advance by proceeding with marking other traffic or safety signs. However, the Defendant neglected this, due to occupational negligence that entered the intersection as it is, and caused the Defendant to have the victim D(45 tax)’s bridge crossing the said road from the right side to the left side of the Defendant’s driving vehicle go beyond the ground by taking the front part of the Defendant’s driving vehicle’s driving vehicle into the ground, and caused the death of the Defendant’s 20-day nuclear power plant located in the 20-day, U.S. nuclear power plant in the 20-day, U.S. on the same day.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a death diagnosis report;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes of the investigation report (netly 29);

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. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] There is no basic area (the period from August to two years) of the type of traffic accident (the person subject to special sentencing) [the person subject to special sentencing] [the sentence] at the time of the accident. In light of the location of the accident, the time of the accident, the accident, the circumstances of the accident, etc., the victim's negligence seems to have contributed to a certain degree. However, the defendant is the victim's death.