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(영문) 춘천지방법원 강릉지원 2019.11.21 2019고단1098

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

On September 13, 2019, the Defendant driven the said car at a speed of about 110 km per hour from the side of the 17.4km at the beginning of the intersection in the East Sea, which is located in the East Sea, at the time of the East Sea, to drive the said car at a speed of about 13:05, the Defendant changed the vehicle to the one-lane in order to overtake the previous vehicle.

In such cases, a person engaged in driving service has a duty of care to safely operate by accurately operating the steering gear and steering the steering gear.

Nevertheless, the mother of the Defendant, who was on the front line of the Defendant, neglected to do so, neglected the Victim C (Woo, 91) and neglected to stop the Defendant’s vehicle in front of the left side of the left side, but neglected to operate the hand to the right side in order to avoid a collision, and the Defendant’s vehicle proceeds into the center separation zone, and operated the vehicle rapidly to the right side, and then reconcept the hand to the left side, and then the Defendant’s vehicle was reconcepted into the center separation zone in front of the left side of the Defendant’s vehicle and subsequently suspended two times.

Ultimately, around September 16, 2019, the Defendant caused the death of the victim C by occupational negligence, resulting in the death of the victim C due to cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral surgery

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The actual condition survey report and photographs of the accident site;

1. A death certificate or a photograph of a dead person;

1. A certificate of postmortem inspection and a protocol of postmortem inspection;

1. Application of the Acts and subordinate statutes governing traffic accident-related photographs and booms video CDs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The principle of negligence shall apply while the defendant is driving a motor vehicle.