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(영문) 춘천지방법원 원주지원 2019.08.28 2019고단398

교통사고처리특례법위반(치사)

Text

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

except that 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 of the vehicle B at low price.

At around 14:40 on March 5, 2019, the Defendant, while driving the said car and driving it to turn to the left at the seat of the Korean Sports Center, was a three-distance intersection where traffic is not controlled, and thus, a person engaging in driving a motor vehicle is obliged to temporarily stop before entering the intersection, temporarily stop before entering the intersection, and drive the right and the right well, and went to the left without neglecting his/her duty of care, the Defendant went to the right side of the victim G (71 years old) crossing the right side of the victim G (71 years old) who is going to the right right side of the vehicle of the Defendant at the front part of the vehicle of the Defendant.

At around 14:20 of the same month, the Defendant caused the victim's death by occupational negligence in D, which was immediately transmitted to the victim immediately after the above accident, due to the death of the two parties in the middle of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes for reporting on the actual condition of survey, field photographs, and investigation;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. The crime of this case under Article 62(1) of the Criminal Act provides that the crime of this case is committed under the condition unfavorable to the defendant, such as the nature of the crime and the fact that the crime is heavy in light of the result, etc., but the defendant's primary crime is the defendant, and the victim without permission is negligent in causing traffic accidents or expanding damage. The vehicle operated by the defendant at the time of the traffic accident in this case seems to have been covered by the comprehensive motor vehicle insurance, and considerable damage has been caused to the victim. It appears that a criminal agreement has been made between the victim's bereaved family and the victim. In addition, all circumstances, such as the motive and circumstance of the crime in this case, after the crime, the circumstance after the crime