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(영문) 춘천지방법원 2017.09.14 2017고단477
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 a c-car.

On March 9, 2017, the Defendant, at around 08:44, proceeded with a small amount of 60 water way in Chuncheon City, which is in front of the modern apartment house, in front of the road in front of the Do office, at the Do office.

It is a road that installs a crosswalk on the front side, so the person engaged in driving service has a duty of care to reduce speed and drive safely by checking well the right and the right and the right of the road.

Nevertheless, due to negligence of neglecting this, the victim D (7 years old) who was crossing the above road from the right side to the left side is not found, and the victim was placed in the front part of the above car.

Defendant 1 caused the death of the said victim by occupational negligence, resulting in the death of the said victim due to the freshing of a fresh at around March 9, 2017, while receiving treatment from the Hancheon-si Hospital located mainly in the number of 77 Chuncheon City. The Defendant had the said victim receive treatment from the Hancheon-si Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a request for report on the occurrence of a traffic accident, report on actual condition investigation, photograph 14, death diagnosis report, DNA pictures of the deceased, and response to a request for appraisal;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to attend lectures or orders to provide community service;

1. The sentencing criteria [the range of recommended punishment] and the sentencing criteria [the range of recommended punishment] are two types of general traffic accidents (the death or injury of traffic accidents) (the period from April to one year) (the period from April to one year) and the punishment is not imposed (including the serious efforts to recover damage);

2. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the defendant's age, sex, health, and circumstances before and after the commission of the crime:

A disadvantageous condition: A person who suffers damage by negligence of the defendant.

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