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(영문) 춘천지방법원 속초지원 2015.09.23 2015고단275

교통사고처리특례법위반

Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a frighting car.

On May 23, 2015, the Defendant driven the above car on May 23, 2015, and driven the two-lane road in front of the Fanyang-gun E, Gangwonwon Yangyang-gun, with two-lanes from the direction of the Nakdongsan Island to the direction of about 40-50km each hour.

In such cases, the driver has a duty of care to prevent accidents in advance by taking the front, rear, and left and left well and safely on the part of the driver.

Nevertheless, due to negligence of neglecting this, the above roads were left from the two sides to the sloping mountain due to the negligence of neglecting it, the parts of the bridge and the parts of the head, etc. of the victim G (Nam, 51 years of age), which were coming from the two sides of the two sides.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on May 23, 2015, from an inner medical center located in the Seocho-si, Seocho-si (Yong-dong), Seocho-gu, Gangwon-si, Seoul, to the death of the victim due to the severe brain damage.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Reports on traffic accidents, and photographs related to traffic accidents;

1. Application of the Acts and subordinate statutes to body autopsy reports and photographs of the deceased;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: Decision on the suspension of execution of sentence: Six months and two years under suspension of execution, in cases of imprisonment without prison labor for not less than six months and in cases of imprisonment for not less than two years;