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(영문) 춘천지방법원 원주지원 2015.11.25 2015고단953
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 car by borrowing B.

On September 27, 2015, the Defendant operated the said car at around 19:20, and proceeded with the speed of 70 km at the speed of 70 km in the front of the 6th National Highway located in the Damo-gun C, "Dmo-gun," with the front side of the national highway located in the Domo-gun located in the same area.

The location is a section that combines the above national highways with other roads, and at the time, the victim E (the age of 75) was crossing the road without the crosswalk in the front section of the said car, and thus, in such a case, the driver of the vehicle had a duty of care to prevent accidents in advance by taking a boom and left well, and accurately operating the steering gear, etc.

Nevertheless, the Defendant neglected this and found the above victim at a later time while driving the said car, and operated the hand to the right side to avoid this. However, the Defendant did not avoid it, but did not go beyond the right side of the victim due to the left side of the said car, and did not go beyond the ground.

Ultimately, on October 18, 2015, the Defendant caused the death of the victim due to acute pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary boomae Hospital located in the 20th nuclear power plant, from among the occupational negligence in the Republic of Korea, the Defendant had the victim receive medical treatment at the nuclear power plant located in the nuclear power plant located in the nuclear power plant.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Protocol of inspection;

1. A death certificate;

1. Application of the traffic accident scene photographs and the Acts and subordinate statutes of photographers;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

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

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Application of the sentencing criteria;

(a) Determination of types: Traffic crime, general traffic accident, and second category;

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