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(영문) 춘천지방법원 원주지원 2015.10.27 2015고단784
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 is engaged in the operation of Lone Star Co., Ltd.

On April 23, 2015, the Defendant driven the above van on April 10:25, 2015, and led to the front road of the 1 military support headquarters, which is located in the city of nuclear power, to the front road from the west side.

Since the road has a sidewalk on which bicycle traffic is possible, and a bend road on the right side, in such a case, there was a duty of care to prevent a person engaged in driving service from harming the sidewalk by driving it well and safely.

Nevertheless, the Defendant neglected to drive a stroke on the road by neglecting it, and pushed the victim C (M, 69 years old) and the victim D (M, 59 years old) on the front right part of the stroke in front of the stroke.

Ultimately, at around 11:05 on April 23, 2015, the Defendant: (a) caused the victim C to death with multiple organ damage, etc. at the same hospital around 06:15 on May 3, 2015, due to low blood transfusion shock at the FH Hospital located in Won-si E.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. Reports on the occurrence of a traffic accident;

1. The actual survey report and on-site photographs;

1. Signs of news reports at the accident site, photographs of the accident site, and pits at the accident site;

1. Inquiry into the enemy;

1. Application of each death diagnosis certificate and each statute governing the body of each victim;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts (the point of death or injury caused by occupational negligence);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment stipulated for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with heavy circumstances);

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the scope of recommendations) of the suspended execution shall be the type II of general traffic accidents;

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