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(영문) 춘천지방법원 영월지원 2016.11.15 2016고단377
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On August 13, 2016, the defendant operated the above car at around 05:10 on August 13, 2016, and proceeded with the road of 31-lanes around the Ejun-gun D, Gangwon-do.

At the time of sunrise, the Defendant was difficult at that time, and the Defendant had a duty of care to safely operate the steering gear and operation of the steering gear by making it possible for a person engaged in driving of a motor vehicle to live well, maintain the safety distance, and safely operate the steering gear.

그럼에도 불구하고 피고인은 이를 게을리 한 채 만연히 진행한 과실로 마침 앞서 같은 방향을 진행하던 위 경운기를 미처 발견치 못하고 위 승용차의 우측 앞범퍼 부분으로 위 경운기의 좌측 적재함 부분을 들이받아 피해자를 도로에 튕겨나가게 하였다.

Ultimately, the Defendant caused the victim to die by occupational negligence, around August 13, 2016, at the H Hospital located in Kuju-si G on August 13, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement to I;

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

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a death certificate) and death certificate attached thereto;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type II (Death resulting from Traffic Accidents) [Special Mitigation] [including efforts to recover damage] mitigated (including special mitigation], imprisonment without prison labor for six months and one year suspended sentence.

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