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(영문) 춘천지방법원 2018.04.26 2017고단1212
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 dump truck.

On September 5, 2017, the Defendant driven a dump truck around 09:40 on the 09:40 on September 5, 2017, and proceeded the front road in Chuncheon-si E with the front road on the surface of the office of education in Gangwon-do.

At the same time, the road package work is carried out to prevent both sides of the road, and the remaining one side is divided into one lane and temporarily used, so a person engaged in driving service has a duty of care to reduce speed and drive safely.

Nevertheless, the victim G (76 tax) who had been driving on the same room in the front room due to negligence that has been negligent in neglecting this, received the bicycle from the right side of the above dump truck as part of the above dump truck and had the victim go beyond the road.

Defendant had the victim by negligence on September 10, 2017, and around 05:30 around 05:30 on September 10, 2017, the Defendant had the victim receive treatment at the Hancheon-si Hospital located mainly in the number of 77 Sincheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Reporting on the occurrence of a traffic accident, reporting on the occurrence of a traffic accident, on-site photographs, black stuff photographs, death diagnostic records, photographs on-site death, transmission of results of analysis of a traffic accident, and application of Acts and subordinate statutes to a report on the occurrence of an accident;

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. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of the Act is that the victim’s death occurred due to the instant accident, and the Defendant: (a) dump trucks with a relatively wide width in the daytime exceed 20 km a relatively wide speed of restriction; and (b) dump trucks, a bicycle driver, who is a bicycle driver, who has proceeded in the front section while driving on the front section, are concealed from the rear bank.

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