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(영문) 춘천지방법원 원주지원 2018.11.08 2018고단299

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 December 30, 2017, the Defendant driven the C&L car on December 30, 2017, and proceeded two lanes prior to D at the time of the original State with a speed of about 85 km from the area of the medical center of the original State to the area of the South-west market.

At night, and a crosswalk is installed. Since the Defendant was at night, the Defendant, who was engaged in driving service, had a duty of care to take care of the front side and the left side of the crosswalk and safely drive the vehicle to prevent the accident by safely driving the vehicle, but the Defendant was negligent in performing his duty of care while neglecting his duty of care on the front side of the Defendant’s driving direction, leading the Defendant to the front side of the Defendant’s driving vehicle for the bicycle driving of the victim E (47 years old) who crosses the road to the right side of the road from the left side of the Defendant’s driving direction to the right side, and caused the victim to die from the Defendant’s blood transfusion at the Skidong Hospital in the skidong Hospital in the Nowon-gu, Seoul Special Metropolitan City on January 4, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a death diagnosis report, and a response to a request for appraisal;

1. Application of Acts and subordinate statutes to the investigation report (overtime 8)

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] The general traffic accident category 2 (accident of traffic accident) [the person subject to special mitigation] [the person subject to special mitigation] punishment is not punishable (including the person subject to serious efforts to recover damage] [the decision of sentence] the victim's death caused by the Defendant's negligence driving, so the case is serious.

Although it seems that there was a negligence on a certain part even for the victim who has dried up the way of a bicycle even though the vehicle is different, it is not completely prepared for the reduction of speed, even though the crosswalk is in a situation.