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(영문) 춘천지방법원 속초지원 2018.04.18 2017고단296
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cuss car in D.

On May 10, 2017, the Defendant driven the above car at the speed of 16:32, the Defendant driven the front line of the elementary school, which was located at a hot spring of 107, from the Gyeong-dong University, to the direction of the mountain distance from the Gyeong-dong University.

Since it is designated as a child protection zone and the speed of restriction is 30 km per hour, there was a duty of care to safely drive a person engaged in driving service by complying with the speed limit.

Nevertheless, the Defendant neglected to do so and proceeded with the speed exceeding 35.8km to 40km per hour while driving EZ1125 obs in the opposite direction, and served the body of the Victim F (35 cm) that is going to turn to the left as the above vehicle of the Defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as the injury of cerebral brain, in front of the above greenhouse elementary school.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of a traffic accident, reports on a traffic accident, and photographs of the scene of a traffic accident;

1. Statement with respect to G;

1. CCTV photographs;

1. Application of Acts and subordinate statutes to death certificates and traffic accident analysis reports;

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. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the result of death was caused by the instant crime, not that of the crime.

However, even though the victim also has a duty to care for the left at the left, there is an urgent and urgent left-hand turn without properly examining the vehicle of the opposite vehicle, the defendant is against his/her will and agree with his/her bereaved family members, the defendant has no criminal history prior to the crime in this case, and the age of the defendant and others.

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