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(영문) 춘천지방법원 2017.09.14 2017고단369
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving CK5 taxi.

On January 1, 2017, the Defendant, around 03:55, proceeded with the roads in front of the nature of the Gangwon National University and the abused side, which were located in 107, Seocheon-ro, Macheon-ro, Macheon-si, Mancheon-si, Gangwon National University, with the view to the distance of the frame of the body of the river.

At that time, it is a lush road, and as a new time, the person engaged in driving service has a duty of care to reduce the speed and drive safely.

Nevertheless, the victim D (28) who was crossing the above road from the left-hand side due to negligence of neglecting this and did not discover the victim D (28) who was crossing the above road from the left-hand side, and became the victim due to the front-hand part of the above taxi.

Defendant 1 caused the death of the said victim due to cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spon on January 9, 2017, while he/she received treatment from the Gangwon National University Hospital located in 156, Chuncheon-ro, Macheon-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a map at the scene of the accident, a field warning map, a survey report on actual condition, a medical certificate, a death certificate (E), a diagnosis certificate (D), a photograph of a dead person, a postmortem protocol, a postmortem report on the death of a deceased person, or a report on internal investigation (Gamo G

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, grounds for sentencing of imprisonment without prison labor or heavier punishment;

1. The sentencing criteria [the range of recommended sentences] the range of general traffic accidents of Type 2 (Death or Injury of Traffic Accidents) (the period between April and one year) (the period of special mitigation] has a substantial negligence in causing traffic accidents or expanding damage to victims;

2. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the defendant's age, sex, health, and circumstances before and after the commission of the crime:

A disadvantageous condition: A person who suffers damage by negligence of the defendant.

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