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(영문) 춘천지방법원 강릉지원 2016.11.30 2016고단1167
교통사고처리특례법위반(치사)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives B cargo vehicles.

On June 24, 2016, the Defendant driven the above cargo vehicle on June 24, 2016, and proceeded with the front road of Gangnam-si C at the seat of the Jung-si at the seat of the Jung-si.

At that time, there is a possibility for people to walk around the village, and there is a situation that is night and the preceding day is difficult to secure the view, so there was a duty of care to safely drive the vehicle if there is a pedestrian who crosses the road by reducing speed and checking well the right and the right of the vehicle driving.

Nevertheless, the defendant neglected this and did not find out that the victim D (year 61) crosses on the left side from the right side of the defendant's negligence, and received the above victim as the front part of the above cargo vehicle's right side.

At around 22:16 on the same day, the Defendant caused the death of the said victim by a low blood shock shock at the Gangseosan Hospital located in 38, Jungcheon-si, Jungcheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Photographs, etc. of each accident vehicle;

1. Investigation report (re-attached of a death diagnosis report);

1. Application of statutes to a copy of a death certificate;

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

1. Suspension of execution: (a) there is no special fault under the proviso of Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents; (b) the road conditions at the location where the traffic accident in this case occurred (large 12 meters; (c) the degree of fault of the victim; (d) the degree of negligence of the victim; (e) the fact that there is no previous conviction above the suspension of qualification; (e) the fact that the victim was subscribed to a comprehensive insurance and agreed with the bereaved family members; and (e) the family environment of the defendant.

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