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(영문) 춘천지방법원 2017.01.20 2016고단1152
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 Category C 2 cargo vehicles.

On September 19, 2016, the Defendant driving the above vehicle at around 18:58, and driving the local highway No. 407 in front of the Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do, in the direction of Yongsan-do in the direction of Yongsan-do.

There are three-distance crossings where the passage of vehicles and pedestrians is high, and apartment houses and other houses are concentrated around the area. Therefore, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering and steering gear and accurately.

Nevertheless, the Defendant neglected to do so and took part of the bicycle left part of the victim D (the 69-year old) who crosses the road to the port from the right side of the Defendant’s vehicle, on the part of the Defendant’s vehicle, and caused damage to the road.

Ultimately, the Defendant caused the victim to die at around 22:45 on the same day on the same day due to the foregoing occupational negligence from the Hancheon-si Hospital at the Hancheon-si University, Gancheon-si Hospital, which mainly fell under 77 at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. 1, 2 photographs related to accidents;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommended punishment according to the sentencing guidelines / [type of crime] the general traffic crime group: the victim is also negligent in causing traffic accident resulting (special mitigation element]; the victim is not subject to punishment (general mitigation element).

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