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(영문) 춘천지방법원 원주지원 2017.02.07 2016고단1210
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 the operation of Bbents.

On October 17, 2016, the Defendant driven the above vehicle at around 07:20, and made it left left to the left at the right side of the national patrol, from the front side of Tol in the direction of the road located in the border of the river.

At the same time, the victim C (V, 77 years old) was driving a bicycle on the right side from the left side of the defendant's running direction, and thus, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle to prevent the accident by safely driving the motor vehicle, such as making a person who drives the motor vehicle a motor vehicle well look at the front side and the left side, operating the steering gear and the brake system accurately.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, received the victim's bicycle right part of the front part of the vehicle driven by the Defendant, and had the victim go beyond the floor of the vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the E hospital located in Da, Won-si around October 17, 2016 due to 08:30 on October 17, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the statement;

1. A traffic accident report and a traffic accident report (1), and (2);

1. Results of traffic accident analysis;

1. A copy of a death certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The mitigated area of Article 62(1) of the Criminal Act (the two types of general traffic accidents (the person subject to special mitigation) [the person subject to special mitigation] [including efforts to recover damage] the imprisonment without prison labor] 8 months, the defendant in the suspended sentence 2 years did not properly look at the right and the right while entering the intersection where the crosswalk is installed. Accordingly, the victim who gets a bicycle and a crosswalk on the bicycle is shocked and died.

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