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춘천지방법원 강릉지원 2019.01.25 2018고단1249

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.


Punishment of the crime

The Defendant is a person who is engaged in driving of Poter Cargo Vehicles B.

On September 29, 2018, at around 06:05, the Defendant driven the above vehicle, leading the front of Gangnam-si C in the direction of a so-called rice processing plant in the direction of a so-called rice processing plant.

At that time, a person engaged in driving of a vehicle was a farming road with no center line of five meters in width at that time, and has a duty of care to prevent accidents by thoroughly operating the front-way vision and properly operating the brake system, by reducing speed so that it does not conflict with a vehicle coming from the opposite direction in a narrow situation, by driving slowly or by stopping, and by driving the other vehicle first after stopping, and by driving the right side at the center of the road pursuant to Article 13(3) of the Road Traffic Act.

Nevertheless, while the defendant neglected to do so, the defendant found the Eeld 100 diade of the victim D(85 years old) driving and attached the vehicle to the left-hand side of the road, not the right-hand side of the road. In order to avoid the vehicle of the defendant, the victim was placed in the same direction, and the defendant was faced with the front part of the victim's diade in front of the left-hand side of the vehicle of the defendant.

Ultimately, the Defendant caused the death of the victim from the above occupational negligence, i.e., the victim from the seat, to the dysia.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A written result of autopsy and postmortem examination;

1. Application of field photographs, dead bodies photographing statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (the first crime and considering the fact agreed with the bereaved family members);