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(영문) 춘천지방법원 강릉지원 2015.11.04 2015고단894
교통사고처리특례법위반
Text

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

except that 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 engaged in the operation of the B-to-pur vehicle.

On June 17, 2015, the Defendant driven the said car at around 21:25, while driving the said car, and driving the road adjacent to the officer 1902, an officer-side 1902, at the time of three-way, at about a speed of about 40km from the direction of the treatment construction lodging to the treatment construction lodging, depending on one lane.

At the time, it is night and there was no streetlight as a one-lane road. In such a case, the driver of the motor vehicle has a duty of care to reduce speed and properly manipulate the steering direction and brake system of the motor vehicle and to prevent accidents by accurately manipulating the steering direction and brake system of the motor vehicle.

Nevertheless, the defendant neglected this and proceeded at the right edge of the bicycle that the victim C (the 59-year old) driven at the right edge of the bicycle that the victim C (the 59-year old) driven at the right edge of the above bicycle and caused the victim to go beyond the ground due to its shock.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the E Hospital located in D where the E Hospital was receiving a backcoming treatment at around 15:23 on June 22, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes governing the report on traffic accidents (1) and the report on the occurrence of traffic accidents, relevant photographs, death certificate, investigation report (statement of reporter F), and each request for appraisal shall be made;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. It is so decided as per Disposition for the reason that Article 62 (1) of the Criminal Act (the first crime and the point agreed with the victim, etc.) is or more of the Criminal Act;

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