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(영문) 의정부지방법원 2017.06.16 2017고단1238
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 motor vehicle of C New Zealand.

On February 11, 2017, around 02:00, the Defendant proceeded at a speed of about 60 kilometers per hour from the Chuncheon bank to the west bank, where the two lanes in front of the Ecomter are located in D, Namyang-si.

The defendant shall accurately operate the steering system, brakes and other devices of the motor vehicle, and shall not drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and there was a duty of care to properly report the right and the right before and after, and after, prevent the accident.

Nevertheless, the Defendant, who was negligent in performing the duty of the front-time watch, caused the Victim F (F) who was crossing the crosswalk on the crosswalk in front of the front-round vehicle of the Defendant, in front of the front-round driver of the above vehicle, by rain from the front-round room, in the event that the Defendant is in progress due to the negligence of driving the front-round vehicle.

After all, the Defendant caused the victim to die in the above job-related premises due to the diversification of dysium and internal damage.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to death certificates;

1. Relevant legal provisions concerning facts constituting an offense and Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment.

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Consideration of circumstances, such as the fact that an accident occurred while crossing a victim's unauthorized crossing and the agreement with his/her bereaved family members);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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