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(영문) 춘천지방법원 2017.07.06 2017고단163
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C M& car.

On October 24, 2016, the Defendant driven the above vehicle at around 14:10, and entered the entrance of the parking lot from the direction of the entrance of the parking lot to the left-hand turn at the 66-lane 66-gilh from the public parking lot located at the 66-gilh-ro.

In such cases, the driver of the vehicle has a duty of care to prevent accidents by safely driving the vehicle by properly operating the steering direction and brake system, while maintaining the right and the right and the right and the right of the vehicle.

Nevertheless, the Defendant did not see the victim D (89 tax, female) who was at the entrance of a public parking lot due to occupational negligence that did not live well, and did not see the front part of the Defendant’s vehicle, and had the victim go beyond the floor by shocking the body part of the victim’s vehicle.

Ultimately, the Defendant caused the victim to die of less than 15:30 on December 6, 196 of the same year by the foregoing negligence, due to less than 156 injury in the Gangwon University Hospital located in Chuncheon-ro, 156.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on actual condition, a survey report, a field photograph, a death diagnosis report, a postmortem protocol, and a report on investigation (or a relative investigation by the

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents in the range of two types (Death or injury caused by traffic accidents) (from April to one year). No punishment is imposed against a person who has been mitigated;

2. Determination of sentence: The sentence shall be determined in the same manner as the order is comprehensively taking into account the conditions of sentencing shown in the records, such as imprisonment without prison labor for ten months, suspension of execution of two years, the character and conduct of the accused, family relations, and the conditions before and after

A favorable normal circumstances: The victim's bereaved family has been divided and reflected in depth, and the victim's bereaved family has agreed to pay the amount of KRW 10 million.

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