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(영문) 춘천지방법원 영월지원 2018.09.11 2018고단237
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 of a dump truck in B, third general dump truck.

On March 28, 2018, the Defendant driven the above cargo vehicle around 13:20 on March 28, 2018, led to driving the D cafeteria in front of the D cafeteria C, Gangwon-gun, along the direction of “Sagro-distance” from the “Sagro-distance.”

At this point, since no signal is installed and the passage of a vehicle is frequent, there was a duty of care to prevent accidents by safely driving the vehicle after checking whether or not the vehicle has entered the intersection after temporarily stopping prior to entering the intersection and checking well the right and the right of the road before entering the intersection.

Nevertheless, the Defendant neglected to do so and went through the intersection as it is, due to the negligence of entering the intersection, received the front part of the FMFGE E (78) driving from the right-hand side of the course to the left-hand side of the cargo vehicle as the front part of the cargo vehicle's right-hand side.

Ultimately, the Defendant caused the death of the victim at the Young-do Young-gu Medical Center located in 1:59, Gangwon-do, Young-gu, Young-gu, Gangwon-do, in the middle of 13:58 on March 28, 2018 due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report;

1. On-site photographs;

1. A death certificate;

1. Application of the Acts and subordinate statutes to cover booms video images;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the accused’s crime of this case is acknowledged; (b) there is no record of criminal punishment; (c) the bereaved family of the victim’s bereaved family members do not want the punishment; and (d) the victim’s death results due to traffic accidents.

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