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(영문) 춘천지방법원 강릉지원 2018.02.08 2017고단1381
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a dump truck driver.

On September 4, 2017, the Defendant proceeded at a speed of about 50 km in speed, depending on the two-lanes between the parallel parallel parallel parallel parallel from the parallel parallel parallel parallel parallel parallel parallel parallel to the parallel parallel parallel parallel parallel parallel parallel parallel.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether there is a person who will cut the way by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the defendant neglected this and got the victim D (29 ) who passed a crosswalk on the right side of the defendant's right side by driving a bicycle on the left side by the negligence of the defendant's negligence, which is left left, to go beyond the front part of the dump truck.

Ultimately, the Defendant caused the death of the victim due to an external cerebrovassis in the middle-patient hospital located in Gangseo-si E on September 8, 2017 due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs, etc.;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

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. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions indicated in the records, such as Defendant’s age, sexual conduct, environment, motive for and circumstances after committing a crime, etc. shall be determined as ordered in consideration of the following circumstances.

The favorable circumstances: The defendant who has violated the signal on the crosswalk and caused the accident shall be negligent, and the defendant who has caused the accident shall be negligent. The defendant shall be negligent in violating the signal on the crosswalk, and the defendant shall be negligent in paying the accident.

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