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(영문) 춘천지방법원 원주지원 2017.07.06 2017고단497
교통사고처리특례법위반(치사)
Text

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

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 13, 2017, the Defendant driven a D SP car on March 11:35, 2017, and proceeded in front of the education center at the Korea Communications University at the original city at the original city at the original city, with the front of the education center at the university at the original city at the original city from the wall apartment room at the wall apartment.

At the time, the Defendant was behind a two-wheeled vehicle of the victim E (77) driving. In such a case, the Defendant had a duty of care to prevent an accident by overtaking the vehicle at a safe speed and in a safe manner by using a direction device or horn, etc. by checking the traffic situation, such as speed and course of the front vehicle. However, the Defendant neglected to do so and went ahead to the left at the left side of the victim’s two-wheeled apartment at that place by negligence in the course of business, which led the victim’s two-wheeled the front side of the two-wheeled vehicle of the driver who was trying to turn to the left to the left at that place, by taking the front side of the driver’s two-wheeled vehicle of the driver’s driver’s driver’s driver’s driving on March 14, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

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, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended sentence] General Traffic Accident No. 2 (Death by Traffic Accidents) [the person subject to special mitigation] [the person subject to special mitigation] is not subject to punishment (including efforts to recover damage] [the decision of sentence] due to Defendant's incidental driving, which led to the result that the victim's death cannot be complied with. Thus, the case is serious.

However, the victim's negligence has contributed to the occurrence of an accident, and the victim's bereaved family members are 2.5 million won.

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