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(영문) 춘천지방법원 영월지원 2017.06.13 2016고단224
교통사고처리특례법위반
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Defendant shall be punished by imprisonment without prison labor for eight months.

Reasons

Punishment of the crime

On February 22, 2016, the Defendant driven a motor vehicle of D camp 1 lane 1 km (Jinbu 2 tunnel) located in the Jink Jin Chang-gun, Jinwon-gun, Jinwon-gun, Jinwon-gun, Jinwon-gun, Jinwon-gun, Jinwon-gun, 196.2km (Jinbu 2 tunnel).

At the time, there was a duty of care to safely operate the steering staff by accurately manipulating the front and the left and the right, and the steering gear.

Nevertheless, the Defendant, even though he was able to turn off the FEX car of the victim E(36) driving in the front of the accident, was negligent in failing to perform his duty of her prior warning and proceeding as it is while neglecting the duty of her prior warning, and caused the xEX car to the front of the above camp.

As a result, the Defendant died on the spot due to damage to the diversity of head, tree, and chest clothes.

Summary of Evidence

1. Each legal statement of witness G and H;

1. A letter of reply to inquiries about respective facts about the branch offices of the Road Traffic Authority in Gangwon-do, the National Institute of Scientific Investigation, and the departments for the analysis of aquatic traffic accidents;

1. A traffic accident report;

1. Reports on internal investigation (related to the verification of on-site CCTVs);

1. A response to a request for appraisal, and a response to a request for appraisal;

1. Sending results of traffic accident analysis;

1. A place where emergency medical services are to be performed (four persons, including E);

1. On-site photographs, on-site photographs, and CCTV caps;

1. Application of Acts and subordinate statutes of death certificate (E);

1. Determination as to the assertion by the relevant legal provisions of the crime, 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, the Defendant of imprisonment without prison labor, or his

1. It is not clear whether the victim’s death would result from the primary accident of the Defendant’s vehicle to the left left side of the tunneling retaining wall or not due to the secondary accident of the camping car operated by the Defendant.

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