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(영문) 춘천지방법원 영월지원 2017.12.19 2017고단437
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

Reasons

Punishment of the crime

On August 5, 2017, the Defendant driven a high-speed car around C, around 21:03, and led to the driving of the vehicle in front of the Taewon-gun, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, which is in the Young-gu, to the drugs-resistant side.

At the time, night and there are three-dimensional crossings in which yellow flickering lights are installed, and at the front direction of the defendant's proceeding, there was a crosswalk, so the driver of the motor vehicle has a duty of care to prevent accidents in advance by checking the safety of pedestrians crossing the road by reducing speed and driving the right and right well.

Nevertheless, the Defendant neglected this and proceeded to the right side of the victim D (27) who crosses the road on the right side from the left side of the course direction to the right side of the victim D (27).

The Defendant caused the death of the victimized person due to the above occupational negligence at the F Hospital located in Won-si E at around 00:40 on the following day by the reduced volume of blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. All on-site photographs;

1. A death certificate;

1. Visual photographs;

1. A report on internal investigation (a statement by telephone from a victim at the time of an accident);

1. Protocol of inspection;

1. A criminal investigation report (Attachment to a report on investigation), a response to a request for appraisal, a traffic accident analysis appraisal report, or a gene appraisal report;

1. A report on investigation (a statement by additional phone from a witness);

1. Application of Acts and subordinate statutes to investigation reports (additional statement of traffic accident analysis and appraisal);

1. The relevant legal provision on criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor [the scope of recommended] [the grounds for sentencing of general traffic accidents]] and there is no basic area (eight to two years or more) [the person subject to special sentencing] [the decision of sentencing] [the decision of sentencing] is a victim's death due to favorable circumstances such as the fact that the defendant recognized the instant crime, or due to the defendant's negligence.

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