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(영문) 춘천지방법원 영월지원 2016.11.29 2016고단346
교통사고처리특례법위반(치사)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 23, 2016, at around 20:34, the Defendant was driving a B car in the direction of a brench in the direction of a forest from the bridge to the brench.

At the time, the location was 60 K km away from the limited speed, and there was a duty of care to ensure that a person engaged in driving a motor vehicle should observe the restricted speed and prevent accidents by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding about 40 km, and the part of the back part of the victim C (year 71) driving driven in the same direction at the front of the road was shocked with the front part of the car.

The Defendant caused the death of the victim C in the workplace due to such occupational negligence as a pelfebball on the left-hand side, etc., and suffered injury, such as the 2nd trauma verteball vertebrate, which requires approximately 16 weeks of medical treatment to the victim D (M, 62 years of age) who was on board the chill c.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of some of the accused;

1. Statement of the police statement of E;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, a traffic accident report, and an on-site photograph of a traffic accident;

1. Results of traffic accident analysis;

1. A corpse of corpse;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso to Article 3 (2) and Article 3 (3) of the same Act, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the Act on the Suspension of Execution is that the instant traffic accident occurred while the Defendant was driven under the influence of the Defendant, and that there was an unfavorable circumstance, such as the death of one person and the great deal of one person, and that the Defendant agreed with the bereaved family members E.

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