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(영문) 춘천지방법원 강릉지원 2017.10.17 2017고단955
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 of C Freight Vehicles.

On July 1, 2017, the Defendant driven the above cargo vehicle at around 20:30, and driven the road in the direction of the oil station E, which is located in Gangnam City D, along the two-lanes from the river department to the river department of Gangseo Tool, the Defendant proceeded along the two-lanes from the direction of the river department.

At the same time, the speed of restriction is 50 km per hour, and pedestrian and obstacles are expected to appear in commercial buildings and housing-populated areas. Therefore, the driver has a duty of care to safely drive by complying with the speed limit and reducing speed.

Nevertheless, the Defendant neglected this and proceeded at a speed of 77 km per hour exceeding 20 km and did not keep the front door properly, and did not discover the Defendant’s bicycle driver’s bicycle going beyond the center line on the opposite side of the vehicle on the opposite side, and did not discover the Defendant’s bicycle driver’s bicycle driver’s bicycle driver’s bicycle front part of the Defendant’s freight vehicle and let the victim go beyond the road.

Ultimately, the Defendant caused the victim’s death by the foregoing occupational negligence by a shock shock at the emergency medical center of the Gangnam-gu Emergency Medical Center located in the 38-dong-dong-dong-dong, Gangnam-gu, 2017, around July 1, 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 the actual condition of a traffic accident;

1. Application of Acts and subordinate statutes of a death certificate;

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 stay of execution (including negligence of crossing the victim without permission and smoothly agreed with the bereaved family members of the victim);

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