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(영문) 춘천지방법원 강릉지원 2016.04.20 2016고단122
교통사고처리특례법위반
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 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 carren vehicle.

On January 9, 2016, the Defendant driven the above vehicle at around 17:50, and she proceeded to the ethal side on the schill road No. 6 ahead of Gangseo-si D. At that time, it was difficult at that time to keep up on the schill. At that time, there was a child protection zone located in a nearby elementary school, and thus, a person engaged in driving a motor vehicle has a duty of care to thoroughly drive the motor vehicle by thoroughly examining the speed of the front city, such as reducing the speed in advance and taking into account whether there is a pedestrian crossing the road.

Nevertheless, as a result of the negligence of neglecting the front city, the Defendant found the Victim F (Woo, 86 years old) who was crossing the road to the right side from the left side of the driving direction of the Defendant’s driver’s vehicle and operated the road rapidly, but did not avoid the situation, and received the victim’s right side, the part of the front part of the Defendant’s driver’s vehicle, which was the front part of the victim’s driving vehicle.

On January 9, 2016, the Defendant caused the victim to die due to the above occupational negligence, such as a cage cage at a cage fage at the Gangseo Military Hospital around 20:14 on January 9, 2016, and a fry of vertebrates.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Each traffic accident report;

1. Forwarding of first-aid services logs;

1. The scene and photographs of each vehicle, and photographs of each side of each scene;

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter, the grounds for sentencing) of the suspended sentence [the scope of recommendation] of general traffic accidents [the scope of recommendation] is the special mitigation area (person subject to special mitigation: victim's fault, agreement, and February-10) [the person subject to special mitigation] victim's fault, agreement (determination of sentence] reflects the victim's fault, degree of fault on the part of the victim, comprehensive insurance policy.

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