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(영문) 춘천지방법원 원주지원 2018.08.23 2018고단668
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

On April 11, 2018, the Defendant driven a CTracor around 08:40 on April 11, 2018, and turn to the left at the center located on the side of the Party A from the middle and high school of the Party A, which is located in rith of the Gangwon-do Road A.

Although the Defendant, who was engaged in driving service, had a duty of care to check whether there was a vehicle crossing prior to the entry into the intersection and prevent the accident, due to the occupational negligence of the Defendant, who entered the intersection and left left the left without examining the left and right properly, caused the victim D (66 years old) driving on the left side from the right side of the direction of the Defendant’s proceeding to go beyond the damaged person’s road by taking the part on the left side of the victim D (66 years old) driving on the left side from the right side of the Defendant’s driving, and then, the victim got the victim to go beyond the damaged person’s road at around 21:29 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a traffic accident report, traffic accident report (1), (2), death diagnosis report, and autopsy protocol;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] In general traffic accident case, the victim, who is the driver, has caused a serious result of the victim's death because he/she did not fulfill his/her duty of care while driving the mitigated area (4 months to 1 year) [including special mitigated persons] penal non-members (including efforts to recover from damage] [the decision of sentencing].

In the light of the defendant's statement that it was an accident of brightness, and that the defendant's negligence is serious in the course of business in light of the defendant's statement that the cross-section did not see the victim'

It is inevitable to see.

30 million won shall be paid to the bereaved family members.

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