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(영문) 춘천지방법원 영월지원 2015.11.27 2015고단393
교통사고처리특례법위반
Text

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

However, 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

The defendant is a person who drives B-II cargo vehicles.

On August 4, 2015, the Defendant driven the above cargo vehicle around 23:40, and proceeded at a speed of about 80 km in speed, depending on the two-lanes between the two-lanes of speed, from the slope where the roads in front of the oil station in Taebag City C are in front of the oil station in Taebag City.

At the time, crosswalks are installed on the roads at night, so in such cases, the driver has a duty of care to check whether there is any person who gets a road by reducing speed and living well on the right and the right and the right and the right and the right and the right and the right and the duty of care to safely drive.

Nevertheless, the defendant neglected to do so and did not discover the victim E (n, 67 years old) walking along the right-hand side of the proceeding direction by the negligence, and did not discover the victim E (n, 67 years old) and received the victim as the front-hand part of the above cargo vehicle, and caused the victim to die due to the cardiopulmonary suspension in accordance with the cage cage cages, etc. in the same place.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The application of Acts and subordinate statutes to actual condition survey reports, field photographs, corpse autopsy reports, and comprehensive traffic accident analysis reports;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] General Traffic Accident (Death Caused by Traffic Accidents) [Special Mitigation] mitigated area (4-10 months) (including efforts to recover from traffic accident], punishment not (including serious efforts to restore damage] [Pronouncement decision], Defendant's negligence causing serious consequences of the victim's death. In light of the fact that crosswalk accident is crosswalk accident, the liability for such crime is not easy.

However, the fact that the victim has agreed with the bereaved family members, there is no criminal record of a fine or more, the fact that the motor vehicle comprehensive insurance is subscribed, and the age, character and behavior of the defendant as shown in the argument of this case

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