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(영문) 춘천지방법원 강릉지원 2017.10.25 2017고단892
교통사고처리특례법위반(치사)
Text

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

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 driving of B.

On April 24, 2017, the Defendant driven the above 09:00 on the 09:0, while driving the vehicle, the Defendant continued to drive the 630-lane f.m. from the educational mountain to the Geum River elementary school.

On the other hand, there is an intersection, so the driver has a duty of care to safely drive the vehicle or pedestrian by checking the front side and the left side of the vehicle.

Nevertheless, the Defendant neglected this and did not discover the victim C (77 3) who was moving on the left side from the right side of the proceeding to the left, and was ethylly ethylly driven by the Defendant, resulting in the Defendant’s death of the victim due to cerebral typha inception, which caused the death of the victim.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the report on the occurrence of traffic accidents, the actual survey report, on-site photographs, death certificate, and death photographic Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Supreme Court Decisions 201Do1148, Jun. 1, 201; 201Do1119, Jun. 21, 201

1. An order to attend a course under Article 62-2 of the Criminal Act;

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