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(영문) 춘천지방법원 원주지원 2018.03.15 2017고단1286
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

The execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 27, 2017, around 13:13:13, the Defendant driven a C Poter Cargo and proceeded with a two-lane road in front of the “E” in the “E” located in the “U” in the “U” in the “U” city, according to one-lane of the international apartment room from the “U” public health clinic of the original city to the international apartment room.

Since a crosswalk is installed on the front side, in such a case, the defendant engaged in driving service had a duty of care to confirm whether the defendant was a person who gets on the front side by reducing speed and by properly examining the front side and the left side, and to safely drive the road. However, due to occupational negligence, the defendant was negligent in neglecting this, and did not avoid the victim F (the age of 83) who was crossing the above crosswalk from the right side to the left side, and did not go beyond the ground by having the head f (the age of 83) who was crossing the above crosswalk from the right side of the defendant's vehicle, and got the victim to go beyond the ground by getting the head f (the age of 83) by opening the right side of the defendant's vehicle at the speed of 16:17 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the actual investigation report and death diagnosis report;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] The mitigated area of Class 2 (Death by Traffic Accidents) [the person subject to special mitigation] [including efforts to recover damage] the defendant's decision] the decision of sentence is against the defendant's wrong, and the victim's bereaved family members agreed to pay the agreed amount to the victim's bereaved family members (if the victim has no lineal family member, it is doubtful whether the agreement with the above bereaved family members has a big meaning from the victim's perspective, but the defendant's efforts to receive the written application should be considered as favorable sentencing factors such as paying the agreed amount).

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