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(영문) 춘천지방법원강릉지원 2020.12.11 2020고단892
교통사고처리특례법위반(치사)
Text

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

except that 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

Around 04:09 on July 18, 2020, the Defendant driven B B 2 cargo vehicles in the East Sea and proceeded along with one lane from the right edge to the port of silence, along the direction near the D blind-distance road located in the East Sea C. At night, the Defendant had a duty of care to prevent accidents in advance by operating the brake system immediately when he finds a pedestrian.

Nevertheless, due to the negligence of neglecting the duty of front-way and left-way, and the Defendant’s course, caused the death of the victim by taking the body side of the victim E (the age of 83) crossing the road from the right side of the direction of the Defendant’s course to the left side of the road, and exceeding the floor of the said cargo vehicle, thereby leading the victim to the death of the victim by taking the body side of the victim’s E (the age of 83) into the front-way right side of the said cargo vehicle, and by taking the victim over the floor.

Summary of Evidence

1. Statement of the police concerning F of the defendant's legal statement;

1. The application of Acts and subordinate statutes concerning the practical survey report, traffic accident-related photographs, photographs of the deceased, body of body, postmortem examination report and postmortem examination report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The range of recommendation [decision of types] according to the sentencing guidelines for traffic crimes [Type 2] The death of traffic accidents [Special Convicted Persons] - The mitigation element: In a case where the victim has committed considerable negligence due to the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage), [the area of recommendation and the scope of recommendation] special mitigation area, 2-1 years from imprisonment without prison labor [the grounds for suspension of execution of sentence] - Major pride: the victim also.

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