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(영문) 춘천지방법원 2017.09.20 2017고단658

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment 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 engaged in driving a car at C.

On December 9, 2016, the Defendant driven the above car at around 19:28, and driven the front road of Hongcheon-gun, Hongcheon-do, Gangwon-do, at the breadth of the road from the breadth of the breadth.

At the same time, it was a road that passed through a rural village, and was in the state of sunset, and thus, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle by checking it well.

Nevertheless, the Defendant did not neglect his duty and found the victim E (62) who was walking the road on the front side of the Defendant, and operated the hand to the left side by finding it late, but did not avoid it and did not go beyond the road due to the part on the right side of the victim in front of the car.

Ultimately, the Defendant caused the victim’s injury by occupational negligence as above, and caused the victim’s injury to the tension from the Hancheon-si Hospital at the Hancheon-si University at around 23:2 of the same day, at around 77 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report, on-site photograph, investigation report-on-site investigation, and response to a request for appraisal (net 14);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The serious result that the victim’s reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has occurred, and the time of the accident is that the location of the accident was low and that the accident occurred in the vicinity of the authorization, and that the Defendant’s negligence proceeding with a little speed exceeding the limit even though it was possible to anticipate people’s passage.

It can not be said that the sentencing factors against the defendant are the factors of sentencing.

However, the defendant is the first offender, and the defendant is the offender.