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(영문) 춘천지방법원 강릉지원 2016.11.10 2016고단1210
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a rocketing taxi vehicle.

On July 29, 2016, the Defendant driven the above vehicle at around 14:08, and continued to go through the erobbly erogate 34, e.g., the e., the e., the e., the e.g., the e. e.,

At each place, there was a crosswalk installed with pedestrian signal apparatus, so there was a duty of care to confirm whether a person engaged in driving of a vehicle has a pedestrian crossing to reduce the speed and to safely drive the vehicle.

Nevertheless, the defendant neglected to do so and proceeded along as it is, by negligence, received a half of the right side of the victim D (I, 90 years of age) crossing the crosswalk from the right side of the vehicle driving in the direction of the road driving of the defendant's red-fluence for pedestrians, from the right side of the driver's vehicle.

Ultimately, the Defendant caused the death of the victim at around 00:43, July 30, 2016, while he/she was receiving treatment from the original saves saves hospital in the original state by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and field photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. Scope of the recommended sentencing guidelines for the sentencing of Article 62 (1) of the Criminal Act, without any criminal history of sentencing under Article 62 (1) of the suspended sentence, with a view to the negligence of a victim who crosses the crosswalk in red signals, and with the bereaved family members: Two months of imprisonment without prison labor, two years (traffic crimes, general traffic accidents, Type II, type 2, special mitigation (the victim's considerable negligence, non-compliance with punishment

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