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(영문) 춘천지방법원 원주지원 2017.03.15 2017고단77
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Clearning car.

On December 5, 2016, the Defendant driven the above car at around 18:10 on December 5, 2016, and proceeded ahead of the road D at Won-si with the light shooting distance of the Gu from the aerogate.

At the same time, the two roads were the one-lane of the direction, and in such a case, the driver of the vehicle had a duty of care to operate the vehicle safely by properly operating the steering gear and operating the steering gear of the vehicle, after checking whether there is a pedestrian, etc. who sees the front and right and the right and the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and did not properly look at the front side of the above road, and thereby did not properly operate the steering gear and steering system of the vehicle at the early detection of the victim F (W, 72 years old) who is a pedestrian who is walking along the right side of the above road, and caused the victim to go beyond the floor by shocking the part of the victim's bridge to the right part of the above passenger vehicle operated by the Defendant.

Ultimately, the Defendant caused the death of the above victim due to the above occupational negligence, such as the symptoms of cerebral cerebral cerebral damage, at the Won-si Hospital of the Republic of Korea, which was in the process of transmitting the above victim to around 19:08 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of G police statement;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident scene photograph;

1. A medical certificate or a report on autopsy of the corpse;

1. Application of Acts and subordinate statutes to investigation reports (verification of accident images and victims);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. The accident of this case on the grounds of sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the serious result of the death of the victim due to the occupational negligence of the defendant, and the criminal liability of the defendant is not minor;

(b).

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