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(영문) 춘천지방법원 원주지원 2017.02.02 2016고단1162
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of one year 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 Doz motor vehicle.

On October 27, 2016, the Defendant driven the above vehicle on October 27, 2016, and proceeded with the marrith of pump in front of the road in front of the Gangwon-do, Gangwon-do.

At the time, since the opening of the road is considerably short of the visible distance, there was a duty of care to reduce the speed to the person engaged in driving duty and prevent the accident from spreading.

Nevertheless, the Defendant was negligent in driving the Defendant’s vehicle by neglecting the duty of care as seen above, and was the victim F (59 years old) who was crossing the road from the right side of the direction to the left side of the vehicle.

As a result, the Defendant caused the death of the victim by occupational negligence in the hospital of the Republic of Korea, 20 won, from the hospital of the Republic of Korea, which was under the treatment of transmission at around 01:23 on October 27, 2016, to “the scarcity scarcity” at the hospital of the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, Japan, and the Republic of Korea

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

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

1. A medical certificate of death or explainic photo;

1. Application of Acts and subordinate statutes to a criminal investigation report (to attach weather and accident images at the time of an accident);

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The mitigated area of Article 62(1) of the Act on the Suspension of Execution (the scope of recommendation] No. 2 of the Act on the Punishment of Traffic Accidents (the person subject to special mitigation) [the person subject to special mitigation] [including his endeavor to recover damage], in April of the imprisonment without prison labor], the defendant in one year of the suspended sentence was shocked by the victim who was crossing the road while driving a vehicle at night without carrying a pipe of the road. This led to the death of the victim.

However, the defendant agreed with the bereaved family members and was subject to criminal punishment.

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