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(영문) 춘천지방법원 원주지원 2017.12.06 2017고단897
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 of a B B B B B B B B B car.

On July 29, 2017, the Defendant driven the above vehicle at around 09:32, and led the front road of the Gangwon-si, Gangwon-do, to drive at a e.g. speed from the Gangwon MBC room to the e.g. heavy sect or the e.g., the Defendant.

At the time, the location is one-lane road, and the victim D (n, 78 years old) was in front of the Defendant’s driver’s vehicle. Therefore, the driver was obliged to pay attention to driving the vehicle safely by checking the right and the right of the front side in advance and checking the pedestrian’s career safety and driving of the vehicle.

Nevertheless, the defendant neglected this and proceeded with the part of the driver's vehicle in front of the defendant's driver's vehicle.

Ultimately, the Defendant caused the death of the victim due to the occurrence of a traffic accident at the F Hospital located in Gangwon-si, Gangwon-si, Seoul Special Metropolitan City on July 29, 2017 due to the above occupational negligence.

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 survey report on actual condition, and an accident scene photograph;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs of carcasses) and death diagnosis reports;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (including circumstances in which the sentencing is recorded) of the suspended sentence;

1. Sentencing (Scope of recommended punishment) (referring to two months to one year), the area subject to special mitigation (referring to a person subject to special mitigation) (referring to a person subject to special mitigation) of a traffic accident, where the victim has committed considerable negligence in the occurrence of a traffic accident or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage);

2. The accident of this case, the sentence of which is determined, is the fact that the injured party was negligent in the occurrence of the traffic accident even by the accident that occurred while walking on the road, and that the injured party has agreed with his bereaved family members.

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