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(영문) 춘천지방법원 2018.11.28 2018고단884
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 a CP car.

On July 18, 2018, the Defendant driven the above car at around 12:35, and driven the two-lane road in Chuncheon City D, the front direction of the E, the two-lane road at the Chuncheon High School, along the one-lane from the bank of the Chuncheon High School to the one-lane market.

In this case, there was a duty of care to prevent accidents by accurately operating the front section, the left part and the left part of the car, and accurately operating the steering and operating system of the car.

Nevertheless, the Defendant, even though the Victim F(79) was proceeding on the front side of the bicycle, was not neglected to maintain the safety distance and proceeded on the left side of the bicycle and had the Victim F(79) go beyond the road.

Ultimately, the Defendant caused the victim’s death by occupational negligence during the process of having the victim receive medical treatment at a middle-patient hospital in Chuncheon. On July 20, 2018, at around 05:35, the Defendant caused the victim’s death with a multi-faceted long-term organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on the actual condition, a traffic accident site photograph, a photograph of a black box image image, a death diagnosis report (F), and a photograph of a deceased person;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant's negligence is somewhat weak by shocking the victim's bicycle before him even though the defendant does not have any impediment to view during his week;

It can not be said that there is a significant result of the victim's death, and it is an element of sentencing unfavorable to the defendant.

However, the defendant has no record of criminal punishment, the defendant is recognized to commit the crime of this case, and the victim is also driving a bicycle.

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