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(영문) 춘천지방법원 원주지원 2019.06.12 2019고단191
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for five years.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood passenger vehicle.

On January 6, 2019, at around 14:15, the Defendant operated the national highway No. 6 prior to the entrance of the Taewon-si tunnel, which is located in the Blueng-gun, with the above automobiles, and proceeded at the speed of 101km in the direction of the city in the parallel of two lanes.

It is the road where the speed limit is 60km per hour and the center line is installed, and in this case, the driver has a duty of care to keep the speed limit to the driver, observe the vehicle line, and properly operate the brake and steering gear in a correct manner.

Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding 41 km per hour, and frighted to the central line, which was caused by the negligence of the Defendant’s failure to do so, and the front part of the driving of the victim C(33 years old) driving, which was driven at the vehicle line opposite to the Mamail, was shocked with the front part of the Defendant’s car.

Ultimately, at around 16:01 on the same day, the Defendant suffered injury, such as “the victim E, a pregnant woman boarding the pertinent cruise car,” a pregnant woman E, a pregnant woman boarding the said cruise car, to die with the fetus due to “damage to a heavy pain” at the F Hospital at around 16:01 on the same day, and the victim C suffered injury, such as “influencies and alleys on the left side,” which requires approximately 6 weeks of medical treatment, and “the victim G (V, 22 years of age) who was accompanied by the Defendant’s car,” which requires approximately 16 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

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

1. A written statement of the occurrence of each traffic accident in I and G;

1. Each investigation report, seizure report, each traffic accident report, actual condition survey report, each traffic accident site photograph, each death diagnosis report, each internal investigation report, each traffic accident analysis report, each diagnosis report, each patient diagnosis report, and each patient diagnosis report;

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