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(영문) 춘천지방법원 강릉지원 2019.09.20 2019고단604
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for two years.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-hurd motor vehicle quantity.

On April 9, 2019, the Defendant driven the above vehicle on April 18:45, 2019, and proceeded with the roads in front of the D Jeong door in the East Sea C at the speed of about 30 to 40km each hour from the north Triang Residents' Center to the D private distance.

At the time, night time, the front door of the road was coming down, and there was a crosswalk in which no signal, etc. was installed at the front door, and thus, there was a duty of care to proceed with the driving of the motor vehicle to temporarily stop the vehicle, and to temporarily stop the vehicle, if there is any person who gets to walk up the road, to check whether the driver is a person, and to build the crosswalk, if there is a person who gets to walk up the crosswalk, and to pass through or yield the course.

Nevertheless, the Defendant did not find out the victim E (the age of 70) who passed the crosswalk from the left-hand side of the Defendant’s running direction to the right-hand side of the crosswalk, while neglecting the front-hand side of the Defendant’s front-hand part of the road, and had the victim go beyond the ground by shocking the part of the victim’s right-hand bridge.

Accordingly, on April 10, 2019, the victim died in the G Hospital's middle-patient care room located in Gangseo-si F around 12:05, and died due to the damage of the boomer, etc. in the treatment.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. A fact-finding survey report, report on the occurrence of a traffic accident, on-site map, and on-site photograph;

1. Motor vehicle accident black images;

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

1. Circumstances that are disadvantageous to the reasons for sentencing under Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act regarding criminal facts: The defendant's negligence is very large, and the bereaved family members want to be punished strictly.

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