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(영문) 춘천지방법원 강릉지원 2018.03.28 2017고단1468
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Category C cargo vehicles.

On October 14, 2017, the Defendant driven the above cargo vehicle around 10:40, and turned down three lanes in front of the construction site of U.S. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P., the Defendant was driving the above cargo vehicle from Gangwon-si.

At the time, the restriction speed is 60 km per hour, so the person engaged in driving service has a duty of care to maintain the restriction speed and drive safely by properly examining the right and the right on the front side.

Nevertheless, the Defendant was negligent in driving at a speed of 99.5 km on the left side of the Defendant without permission from the right side of the victim D (52 cm) to the front part of the said cargo vehicle.

In the end, the Defendant caused the death of the victim at F Hospital located in Gangseo-si E, 12:49 on the same day due to the above occupational negligence, such as the scarcity and the scarcity, etc.

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, a traffic accident report, an analysis report on a traffic accident, and a death diagnosis report;

1. Application of statutes on site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The ground for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) [Article 62(2) of the Criminal Act] where the victim was at considerable fault in the occurrence of a traffic accident or the expansion of damage (including efforts to recover damage), the victim was not punished (the decision of sentence was made] (the decision of sentence was made), but the victim was at fault crossing the victim without the consent of the victim in violation of the pedestrian signal, the defendant was the first offender, the defendant was the first agreement with the victim, the defendant's age, sexual behavior, environment, motive and motive for the crime.

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