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(영문) 춘천지방법원 강릉지원 2019.03.08 2018고단1295

교통사고처리특례법위반(치사)

Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a motor vehicle B.

On October 20, 2018, the defendant operated the above car on 19:30 on October 20, 2018, and proceeded with the 7th national highway in front of the D restaurant in Gangseo-si C from Gangseo-si to the East Sea.

At the time, there was a duty of care to reduce the speed for those engaged in driving service as night and as part of the road construction work section, and to drive in good manner.

Nevertheless, by negligence of neglecting the duty of Jeonju, the defendant found the victim E (the age of 66) who was moving on the right side from the left side of the proceeding to the left side of the proceeding, and left the hand to avoid this, but the defendant did not avoid it, but did not get the victim out of the front part of the car driven by the defendant.

As a result, the Defendant caused the death of the victim by his occupational negligence, at around 19:45 on the same day, while receiving treatment after being transmitted to G hospital located in Gangnam-si F.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, an accident site photograph, etc.;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (In consideration of the fact that comprehensive insurance is subscribed to and is agreed with the bereaved family members);