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(영문) 춘천지방법원 원주지원 2017.12.21 2017고단993

교통사고처리특례법위반(치사)

Text

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

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 August 25, 2017, the Defendant driven D SP car at around 22:10, and turned to the left at the seat of the literature park at the distance of the front of the short-school park in the middle of both sides at the time of the original week.

At all times, the traffic control was conducted by signal apparatus, and the victim E (29 ) operated the victim E (29 ) DaS10CC and was in a direct fashion of the above shooting distance from the door park to the new line. The defendant, who was engaged in driving a motor vehicle, had a duty of care to properly see the front side and the left side in accordance with the new code and to prevent the accident by operating the steering and steering the steering and steering devices accurately, but the defendant had a duty of care to prevent the accident by operating the steering of the victim at the front side of the vehicle of the defendant at the left turn due to the occupational negligence in violation of the signal. At around 23:40 on August 25, 2017, the defendant killed the victim due to the blood shock, etc. of the victim at the low blood shock at the sponic hospital in the sponic city in the sponic city in the 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

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

1. Application of statutes on field photographs;

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 recommendation] The following results arise: (a) the mitigation area (4 months to 1 year) (including special mitigation persons) [including efforts to recover damage] the victim’s death; (b) the defendant, who violated the signal and made a left left-hand turn, is considerably heavy in light of the circumstances of the accident.

The defendant's mistake is against the victim's bereaved family members, and 30 million won has been paid to the victim's bereaved family members.