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(영문) 춘천지방법원 영월지원 2016.11.15 2016고단367
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On July 29, 2016, the Defendant operated the above cargo vehicle around 10:11, and proceeded to turn to the left at an irregular speed from the 30 side of the Manan-dong Center for Senior Citizens at the 2nd century to the Manan-ro.

Since there is a relatively little slope, and there is a place for pedestrians' passage, there is a duty of care to prevent accidents in advance by driving a motor vehicle driving service with a duty of care by accelerating speed, driving the steering wheel and brakes safely.

그럼에도 불구하고 피고인은 이를 게을리 한 채 그곳 도로 한켠에 앉아 있던 피해자 D(여, 82세)을 미처 발견하지 못하고 위 화물차 앞범퍼 부분으로 피해자의 머리를 들이받아 피해자를 바닥에 넘어뜨렸다.

Ultimately, around 1:04 on July 29, 2016, the Defendant caused the victim’s death by an occupational negligence, from the KLWD Hospital located in the GLWWD Hospital located in the GLWWD 26 EWWD 11:04, Gangnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement concerning E and F;

1. A death certificate;

1. The application of Acts and subordinate statutes of the report on the occurrence of traffic accidents and the actual survey report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 2 (Crime of Death of Traffic Accidents) [Special Mitigation] [including a serious effort to recover damage] mitigation area (Article 62(1) of the Criminal Act] [Article 62(2) of the Criminal Act] [Article 62(1) [Article 62(1) [Article 62(1) of the Criminal Act] [Article 62(1) [Article 62(1) of the Criminal Act] [Article 62(1)]

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