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(영문) 춘천지방법원 원주지원 2017.01.05 2016고단1058
교통사고처리특례법위반(치사)
Text

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

However, 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

피고인은 B 봉고Ш 화물차량의 운전업무에 종사하는 사람이다.

On September 16, 2016, the Defendant driven the above vehicle on September 16, 2016, and led to driving the road of one lane in front of the Gangseo-gun C in the direction from the right side of the audience.

Since there was a 60km speed limit, there was a duty of care to prevent accidents by complying with the speed limit and operating the steering gear and brakes accurately.

Nevertheless, the Defendant neglected this and found the victim D (e.g., age 81) who crosses the road from the right-hand side to the left-hand side at a speed exceeding 21 km per hour, and operated the Hand to the left-hand side to avoid this. However, the Defendant did not avoid it and did not go to the right-hand side of the Defendant, and did not go to the ground.

Ultimately, the Defendant caused the death of the said victim by negligence on September 8, 2016, by reason of the foregoing occupational negligence at the Switzerland Hospital, the original liquor tax hub, located in 20, U.S., U.S., a day after the delivery of the said victim, resulting in the death of the said victim due to the prolonged prolonged damage, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, a traffic accident report, and on-site photographs;

1. Results of traffic accident analysis;

1. A death diagnosis report or postmortem report;

1. Photographs of a deceased person;

1. Application of Acts and subordinate statutes for report on internal investigation (Attachment of Blue Images);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] of the Criminal Act [the grounds for sentencing under Article 62-2 of the Criminal Act] In general traffic accidents, the punishment for the mitigated area (4 months to one year), [the person subject to special mitigation] [the sentence] of imprisonment without prison labor for 8 months, the suspension of execution two years, and the defendant attending a lecture for one-lane.

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