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(영문) 춘천지방법원 강릉지원 2019.10.10 2019고단972

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for 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 Bchip car.

On July 1, 2019, the Defendant driven the said car at a speed of about 91km/h of speed, depending on two lanes from the erode of the city at the same time as the erode of the city at the same time from the erode of Gangseo-si to 62 intersection south-si, Gangnam-si.

At this point, since 60 km/h of the speed limit to the private-distance intersection, a person engaged in driving a motor vehicle has a duty of care to observe the speed limit at the intersection and properly see the right and the right and the right of the intersection and prevent the accident by accurately manipulating the brake system.

Nevertheless, the Defendant neglected this to drive a limited speed exceeding 31km/h, and found it late later by the victim C(81 years old) of the victim C (the victim of the victim of the victim’s 81-year-old), who runs the intersection to the right side from the left side of the Mamad-in bank, and operated the brake system, but the operation of the brake distance was insufficient, making the victim go beyond the road by shocking the part of the passenger vehicle front of the Defendant’s car.

Ultimately, at around 12:40 on the same day as above, the Defendant caused the death of a victim who was under medical treatment at an E Hospital located in Gangseo-si, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reports on traffic accidents, photographs of the scene of accidents, and photographs of the dead body;

1. A investigation report (related to visual images at the accident site) and CCTV images of commercial buildings around the accident site;

1. Application of traffic accident recording devices (EDR) and response statutes as a result of the analysis;

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 selection of

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One month to five years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of traffic crimes) shall be general.