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(영문) 춘천지방법원 영월지원 2016.02.16 2015고단522
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a radar car.

On October 22, 2015, the Defendant driven the above car on October 22, 2015, and led to the driving of the 82 local road in the Seocheon-ro, Seocheon-gun, Seocheon-gun, Seocheon-do, Gangwon-do, to the Jeju-do from the side of the river.

At night, there was a duty of care to prevent accidents by reducing speed and driving safely by taking into account the situation before and after the driving of the motor vehicle as a person engaged in driving of the motor vehicle at night, because there was a narrow road width.

Nevertheless, the Defendant did not discover the victim C (n, 64 years of age) who was walking at the edge of the road at the right edge of the road due to the negligence of neglecting this, and did not discover the victim C (n, 64 years of age) at the right edge of the above radar car, and caused the victim and other parts to go beyond the right edge of the road.

After all, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim due to the upper end of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report, death certificate, investigation report (on-site photographs, etc.);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accidents Act No. 62(1) [Article 62(1) of the Criminal Act / [Article 62(2) of the Act on the Suspension of Execution] / [Article 62(1) of the Act on the Suspension of Execution (Article 62(2) / [Article 62(1) / [Article 62(1) / [Article 62(2) / [Article 62(1) / [Article 62(1) / [Article 62(2) / [Article 62(1) / [Article 62(1) / [Article 62(2)

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