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(영문) 춘천지방법원 원주지원 2017.03.30 2017고단162

교통사고처리특례법위반(치사)

Text

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

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

On November 13, 2016, the Defendant driven Cata Co., Ltd. at around 09:58, and led the front road D at Won-si to the direction of the social welfare center.

Since there is a long distance crossing that does not regulate traffic, the defendant has a duty of care to reduce speed and drive safely by checking well the right and the right and the right.

Nevertheless, the defendant's negligence in the course of his duties without neglecting his duty to reduce the speed, thereby driving the victim FF (78 tax) who is proceeding on the right side of the driver's vehicle to the left side.

G Two-wheeled vehicle: (a) the full part of the G Two-wheeled Vehicle had the front part of the Defendant’s vehicle back to the lower right; and (b) the victim died of the Defendant’s death due to the cardiopulmonary suspension at the Domina Hospital in the 20-ro, Hanju-si around November 17, 2016, 14:39.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the actual investigation report and 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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the case where the victim is negligent in the occurrence of traffic accidents or the expansion of damage even in the area of special mitigation (two months to one year) of the two types of traffic accidents (the occurrence of traffic accidents) [the victim] (the special mitigated person] and the victim is not subject to punishment [the decision of sentence] due to the defendant's incidental driving, which led to the result that the victim's death cannot be complied with.

However, in light of the fact that the defendant's driver's vehicle enters the intersection without reducing speed and then the victim's driver's vehicle enters the intersection without reducing speed, and the accident occurred by shocking the rear part of the driver's vehicle, the victim is also the accident.