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(영문) 춘천지방법원 강릉지원 2016.08.05 2016고단709

교통사고처리특례법위반

Text

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

However, the execution of the above sentence 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 engaging in driving vehicles BM3.

On May 10, 2016, the Defendant driven the above vehicle at around 10:53, and proceeded along the two-lanes between the two-lanes from the boundary of the water cooperative in the direction of the station of the river station in the city of Gangseo-si, the river in front of the D Hanwon located in Gangseo-si, the Defendant driven the above vehicle at around 10:53.

At the time, the driver of the vehicle, who is engaged in driving of the vehicle, shall see the front door well, and shall operate the vehicle after securing the safety of pedestrians after temporarily stopping in the place where the pedestrian crosswalk is installed.

Nevertheless, the defendant did not discover the victim E (the 66 years old) who walked along the pedestrian crosswalk from the left-hand side of the room quantity of the vehicle driving by the defendant's negligence without sufficiently examining the front side, and did not discover the victim E (the 66 years old) who walked on the right-hand side of the victim's right-hand side, and shocked the victim into the front part of the driver's seat of the defendant's vehicle and the hick part, so that the victim exceeded the ground.

Defendant 1 caused the death of the victim due to the above occupational negligence, such as the fluoral typosis and the fluoral typosis around 19:50 on May 11, 2016, while the victim was receiving medical treatment at the 38 Yeung-si, Yecheon-dong, Seocheon-dong, Gecheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. 112 A list of reported cases;

1. Each site and photograph of a dead person;

1. Investigation report (related to images verified by a violation of duty to protect pedestrians);

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) (the scope of recommendation) is against the mitigated area (agreement, April to October of imprisonment without prison labor), and comprehensive insurance.