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(영문) 춘천지방법원 2017.09.25 2017고단662
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 C concrete mixture truck.

On April 29, 2017, the Defendant driven the above vehicle on around 20:10, and driven the above vehicle, thereby driving the three-lane road in front of the 2920 modern apartment complex, in the natural far away from the shooting distance of the race theater, and driving the two-lanes along the above road.

Since the above road has a speed of 70 kilometers per hour and it is not good at night at the time, the defendant engaged in driving duties of the motor vehicle has a duty of care to keep the restricted speed well, to watch well the right and the right and the right of the motor vehicle, to properly manipulate the steering and the operation of the steering system, and to prevent the accident in advance.

Nevertheless, the defendant neglected this, driving the above vehicle at a speed of about 80 kilometers per hour, and putting the victim D who crossed the above road on the right side from the bed left side of the bed into the front side of the above vehicle and putting it over the floor.

Ultimately, the Defendant caused the death of the victim from the above occupational negligence to the external personnel due to a traffic accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, recommendation for direction, report on the occurrence of a traffic accident, field map, death certificate, on-site photograph, yellow survey report, inspection protocol, F CCTV image, response to requests for appraisal, and a statement of traffic accident analysis and appraisal;

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

1. The sentencing criteria [Scope of the recommended punishment] The range of general traffic accidents of Type 2 (Death or Injury of Traffic Accidents), the area of special mitigation (two months to one year) (special mitigation)] (the victim is not subject to punishment where there are gross negligence due to the occurrence of traffic accidents or the expansion of damage;

2. The circumstances under which the sentence of sentence is rendered, and the age, sex, health, and post-crime of the accused.

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