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(영문) 춘천지방법원 2019.08.29 2019고단404
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 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 of a passenger car volume B G80.

On September 25, 2018, the Defendant driving the above vehicle on September 20:15, 2018, and driving on around 200 meters in the direction of the revision of the original warehouse from the housing located in Chuncheon City, to the normal direction of the original warehouse, and driving on the national highways No. 5 of about 200 meters in the direction of the amendment of the original warehouse from polytex III University.

The lanes have changed into two lanes and continued to proceed.

At the time, it is night and its location is expected that the attendance of an obstacle is expected, so it was a duty of care to safely drive the vehicle by changing the vehicle line after checking the safety of the course by reducing speed and checking well the right and the right and the right of the driver.

Nevertheless, the defendant's physical parts of the victim D (the age of 62) who was coming from the two lanes in the front side by his negligence after finding the victim's presence in his career late and proceeding as it is, were shocked with the front hedging and front glass of the defendant's vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the emergency room of the Gangwon University Hospital located in Gangwon-do, Gangwon-do, 156 on the same day at around 20:39 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. The application of the forwarding Acts and subordinate statutes as a result of the analysis of traffic accidents, such as a report on the occurrence of traffic accidents, a report on actual condition, a scene of traffic accidents, a photo of the scene, a death diagnosis certificate, a photograph of the

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

1. Selection of alternative imprisonment without prison labor;

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

1. For the reason of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., the occurrence of a serious result of the victim’s death caused by the instant accident, and the Defendant was faced with an excessive accident while overtaking at night.

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