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(영문) 춘천지방법원 원주지원 2018.06.27 2017고단1313
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence shall be suspended for a period of 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 driving a Csch Rexton car.

On August 8, 2017, the Defendant driven the above vehicle at around 05:45 on August 8, 2017, and led to two-lanes of the two-lane road in front of the original city, which is located one-lane in the Hanju Pung-si Pung-si Market.

At the time, it was immediately after the change to the right-hand and left-hand turn signal in the front side near the south side market where the crosswalk is installed, and there was a difficulty in securing the right-hand side because the two prices of the cargo vehicles are in a stop on the first lane, so the driver of the vehicle has a duty of care to reduce the speed prior to entering the intersection, to ensure that there is a pedestrian who first entered the crosswalk, and to safely proceed with it, after checking whether there is a pedestrian who first entered the crosswalk.

Nevertheless, the defendant neglected this and tried to enter the intersection as it is without sufficient speed, and found it late after the victim D (the remaining and 56 years old) who cross the front of the crosswalk to the right side from the left side of the intersection, and operated it to avoid this, but did not avoid it, and did not go beyond the ground by the victim due to the front part of the left side of the defendant's vehicle.

Ultimately, around August 20, 2017, the Defendant caused the death of the victim by blood transfusion in the Fvalescent Hospital, which is located in Main City E, from August 20, 2017 to the above occupational negligence.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement of the police statement related to G;

1. A survey report on actual condition, each investigation report, a copy of the screen stuffed vehicle image, and a digital analysis and appraisal report;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62(1) of the Criminal Act (the crime of this case is committed)

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