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(영문) 춘천지방법원 강릉지원 2019.10.10 2019고단882
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

The defendant is a person who is engaged in driving a B-bea car.

On April 20, 2019, the Defendant driven the above vehicle on April 20, 2013:35, and proceeded at a speed of about 55 km from the front of the 270 Gangwon-do Do Do Do dong-ro to the front of the Do Do dong-do Do Do dong-gu.

At the time, the night is getting off and getting off, which led to the flow of the front door, and thus, a person engaged in driving business has a duty of care to thoroughly see the front door and to prevent the occurrence of an accident by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant did not discover the victim C (the age of 78) who crosses the road from the right side of the Defendant’s proceeding to the left side by neglecting the operation and the front direction of the Guer, while neglecting the operation and the front direction of the Guer, and caused the victim to face with the front glass of the Defendant’s vehicle by shocking the victim with the front part of the vehicle of the Defendant.

Accordingly, on April 21, 2019, the victim died of the Docne D Hospital from the Docne D's middle-patient to the Docne typosis.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A death certificate or body photograph;

1. A traffic accident report;

1. Photographs of the accident site and photograph of the accident site;

1. Investigation report (Attachment of a suspect's vehicle boom image and video CD), a suspect's vehicle boom image, a suspect's vehicle boom image, and a suspect's vehicle boom image;

1. Application of Acts and subordinate statutes concerning investigation reports (related to noise measurement);

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. Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) 1. Matters concerning community service order and lecture attendance order under Article 62-2 of the Criminal Act, probation, etc.

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