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(영문) 춘천지방법원 속초지원 2015.11.18 2015고단402
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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Cone Star Vehicles.

Defendant 2015

5. At around 28:15:04, the driver was driving the above-mentioned vehicle at the entrance of the village at the Jinsung-gun, Jinsung-gun, Jinjin-gun, the intersection was operated from the right side to the right side of the intersection.

Since there are places where traffic is not controlled, there was a duty of care to confirm whether a person engaged in driving service has a cross-vehicles by reducing speed or temporarily stopping and driving the vehicle.

Nevertheless, the defendant neglected this and caused the victim to go beyond the floor by taking the part on the right side of the victim D(SH100) driving E(SH100) to enter the above intersection from the left side of Madern by negligence.

Ultimately, at around 19:27 on May 28, 2015, the Defendant caused the death of the victim by the negligence of the foregoing work, from the Gangseo-si Hospital located in 38, Gangwon-gu, Seocheon-si, Seocheon-si, Seocheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report, a survey report, and a scene photograph of the traffic accident;

1. A death certificate;

1. Application of Acts and subordinate statutes as a result of traffic accident analysis;

1. Relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) of the Act, Article 268 of the Criminal Act, the selection of imprisonment without labor;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the reason for sentencing under Article 62-2 of the Criminal Act, while driving a vehicle, the defendant caused the death of the victim by shocking the victim by negligence, and that it did not reach an agreement with the victim’s bereaved family members, the nature and circumstances of the crime are important.

However, the defendant's vehicle is covered by a comprehensive motor vehicle insurance, the defendant's deposit a certain amount of money against the victim's bereaved family, and the victim's negligence seems to be significant in the course of entering the intersection.

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