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(영문) 춘천지방법원 속초지원 2020.06.17 2019고단267
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motorcycle B.

On April 13, 2019, the Defendant driven the above motorcycle on April 13, 2019, and driven the crosswalk in front of the D cafeteria in the Seocho-si, Seocho-si, the front side of the C, at the speed of about 80.7km each hour from the front side of the police station, to the rapid bus terminal at a speed of about 80.7km each other.

At this point, the speed of restriction is 60km per hour, and the vehicle signal lights and crosswalks are installed on the front side, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle to prevent accidents in advance by safely stopping the vehicle in front of the crosswalk stop line, such as complying with the speed limit and temporarily stopping the vehicle in front of the crosswalk stop line.

Nevertheless, by negligence in excess of the above speed and in contravention of the signal, the Defendant was placed on the right side of the victim F (the age of 56) on the right side of the crosswalk in the direction-hand side of the direction-hand side of the Defendant’s driving.

Ultimately, on April 30, 2019, the Defendant caused the death of the victim due to the above occupational negligence by the H Hospital located in Gangseo-si G due to a sudden difficulty in smoking, due to the depression, the pulmonary depression, and the traffic death at the H Hospital located in Gangseo-si G.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A report on the occurrence of a traffic accident, a report on actual condition, each traffic accident-related photograph, a report on investigation (on the spot and on the stop), a report on investigation (the 112 reporter’s telephone statement), a report on investigation (verification of the contents of the track and witness), a report on investigation (verification of the facts of the track and witness), a traffic accident analysis report, a report on the analysis of

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

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Criminal Act on the grounds of sentencing of imprisonment without prison labor, the Defendant’s limited speed exceeds 20km per hour and makes a signal.

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