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(영문) 춘천지방법원 2020.10.28 2020고단862
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

On February 20, 2020, the Defendant driven the said car on February 19, 2020, and continued the front road of 51 "Sacheon-ro, Chuncheon Park" from the surface of the sacheon-ro to C in the direction of the sagle.

At the time, there are nights, and there are no signal apparatus installed, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle, such as accurately operating the steering gear and brakes by making the front door well, and reducing the speed properly before the crosswalks.

Nevertheless, the Defendant neglected this and proceeded along as it is, while driving the crosswalk in the front direction, received the left side bridge of the victim E (the age of 68) such as the fingers licked by the victim D (the age of 66) who walked on the crosswalk in order to the front part of the car on the driving of the Defendant.

Ultimately, the Defendant caused the victim D’s injury due to the above occupational negligence, and at the same time caused the victim E’s death by the “cerebral cerebral Elimination from the Alley E” in the Gangwon National University Hospital located in 156, Chuncheon-ro, Macheon-si, Macheon-si, where treatment for post-treatment was conducted on February 21, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition (1) and a survey report on the actual condition (2);

1. A medical certificate or death certificate;

1. Application of Acts and subordinate statutes concerning traffic accident-related photographs and CCTV closure photographs;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act, which resulted in the injury or death of the victims by failing to comply with the duty to protect pedestrians in the crosswalks and not performing the duty to keep pedestrians in front of the crosswalks.

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