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(영문) 춘천지방법원 속초지원 2015.10.14 2015고단296
교통사고처리특례법위반
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On April 26, 2015, the Defendant driven the above cargo vehicle on April 19:45, and proceeded ahead of the road in front of the Hanyangyang-gun 36 Yangyang-gun 1, Ansanyang-gun 36 Yangyang-gun, and proceeded from the Yangyang-gun to the 7 km-do from the Yangyang-do to the 99.6km-do.

It is a road with a restricted speed of 60km/h, where crosswalks are installed in the front bank. In such a case, the driver of the vehicle has a duty of care to safely proceed with the accident by examining whether there is a pedestrian driving on the front bank crosswalk by reducing the speed in advance and driving the vehicle safely.

Nevertheless, the Defendant neglected this and found the speed of the limit to exceed 39.6km/h and did not keep the front door to the left side of the women's hall in the direction of the course with the right side of the victim D (n, 60 years of age) late, and suspended late, but the victim's body was not faced with the front side of the driving seat of the Defendant's vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim due to the cerebral cerebral injury caused by two joints alleys.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual survey report, on-site photographs of traffic accidents, and photographs related to accidents;

1. An autopsy report or a photograph of the victim of a traffic accident;

1. On-site verification photographs and CCTV images;

1. A comprehensive analysis of traffic accidents;

1. Application of Acts and subordinate statutes to the investigation report (limited to speed);

1. Article 3 (1) or 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Selection of imprisonment without prison labor for a crime;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The fact that there is a previous conviction in the same kind, and that the speed of the restriction exceeds 40 km/h, causing a traffic accident to the victim of the crosswalk, thereby causing the death of the victim, is more favorable, and the nature of the crime is not good.

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