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(영문) 춘천지방법원 원주지원 2017.05.12 2016고단1143
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of two years and six months.

However, the execution of the above sentence shall be suspended for a period of four 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 car in CCo.

On August 11, 2016, the Defendant driven the above vehicle at a speed of about 80km per hour according to the speed of 10km from the front side of the road to the front side of the Eferer D in the original city, by driving the vehicle at around 04:45 on August 11, 2016.

At the same time, the crosswalk was installed on the road, and the victim F (60 , Vietnam), the victim G (n, 49 years old, and Vietnam) was crossing the above crosswalk from the right side of the defendant's proceeding to the left side, so there was a duty of care to prevent the accident by properly examining whether a person engaged in driving a motor vehicle has a duty of care to reduce the speed of the person engaged in driving a motor vehicle and by properly examining the front side and the left side.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding with the Defendant’s vehicle and received the victims as the front part of the vehicle.

Ultimately, at around 05:35 on August 11, 2016, the Defendant: (a) caused the death of the Victim F with a certificate of brain damage caused by the severe brain damage in the Switzerland Hospital, the Hanju City liquor tax, the transfer fee of which was 05:35,00, from the foregoing occupational negligence; and (b) caused the victim G to suffer serious injury, such as the blood transfusion from the external wound, the external lebrosis, the thothrosis, the thothrosis, the thothrh, the flaf, the fre of the flaf, and the flaf with a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

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

1. A death medical certificate or medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 of the Criminal Act:

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