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(영문) 춘천지방법원 영월지원 2015.11.27 2015고단395
교통사고처리특례법위반
Text

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

However, 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 driving a C-A-Wed XD car.

On July 23, 2015, around 09:55, the Defendant was proceeding at a speed of about 70 km in the speed of about 70 km, depending on the one-lane between the two-lanes and the one-lanes, where the front road of the name secondary apartment, which is 650, is in front of the front road of the name secondary apartment, is yellow.

Since there are frequent traffic at the same time, in such a case, a driver has a duty of care to safely drive the brakes and steering gear by reducing the speed and properly seeing the right and the right and the right.

Nevertheless, the Defendant neglected to do so and did not discover the victim D (e.g., 62 years old) who was crossing the road from the apartment from the 2nd apartment on the direction of the apartment, and received the victim as the front part of the car driven by the Defendant, and then died of the victim from the Tae Ya Hospital located on July 24, 2015, 07:56, which was located on the 8th Yari-si, Tae Yari-si, Tae Yari-si, Taepo-si, the next day.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes governing the de facto survey report, on-site photographs, death diagnosis report, black scambling images closure photographs;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] General Traffic Accident (Death by Traffic Accidents) [Special Mitigation] (Special Mitigation in April to October) of the victim’s scope of mitigation (the victim does not properly consider the left and right at the front point of the crosswalk at the crosswalk) [decision of sentence] Defendant’s negligence causing a serious result of the victim’s death, and the victim’s bereaved family is not agreed with. In light of the fact that there is no agreement with the victim’s bereaved family, the liability for the crime is not easy.

However, for the background of the accident in this case and the bereaved family members of the victim.

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