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(영문) 춘천지방법원 원주지원 2012.11.20 2012고단746
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

On July 31, 2012, around 19:55 on July 31, 2012, the Defendant driving a D-wing truck, leading the front of the “Misia urgel”, which is in the short-term driving of the nuclear power station in the nuclear power station, toward the short-term distance from the direction of the nuclear power station.

In this case, there was a duty of care to check whether a person engaged in driving service has a way to reduce speed and to check the right and the right and the right of the driver and to drive safely.

Nevertheless, the Defendant neglected this and did not look at the front side of the above cargo vehicle, and had the victim E (V, 76 years old) who walked on the above crosswalk go beyond the road, as the front part of the above cargo vehicle.

Ultimately, the Defendant caused the death of the victim at F Hospital around 13:39 on August 8, 2012 due to the foregoing occupational negligence, such as acute suspension of death.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes of a death certificate;

1. Grounds for sentencing under Article 3(1) of the relevant Act on Criminal Facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act [Scope of recommending punishment] Traffic Crime Group, General Traffic Accidents, Death of traffic accidents, basic area, and imprisonment without prison labor for not less than eight months but not more than one year and six months (decision of sentenced punishment] caused the death of a victim due to negligence in violation of the duty to protect pedestrians at crosswalks, and as long as the victim did not receive a letter from the bereaved family members, it is inevitable to sentence the same as

However, in order to guarantee additional opportunities for recovery from damage by taking into account the fact that a vehicle is covered by a comprehensive motor vehicle insurance and the defendant has endeavored to recover damage, such as deposit of KRW 20 million for the victim's bereaved family members.

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