beta
(영문) 대전지방법원 2019.09.04 2019고단2353

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Obane.

On March 8, 2019, at around 00:47, the Defendant driven the above Oba, and proceeded with D's front delivery in the Dong-gu Daejeon-gu, Daejeon to the direction of 10km each hour from the direction of the front of the discharge route to the direction of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front

At night and at that time, the center line of the crosswalk where the signal lights are installed and the yellow-line line was installed. At that time, the Defendant had a duty of care to safely operate the road to the right side without breaking the center line according to the new code, because the pedestrian signal was already changed to the vehicle driving signal at the time of entering the above crosswalk, and thus, the Defendant had a duty of care to safely operate the road without breaking the center line according to the new code.

Nevertheless, the Defendant neglected to do so and did not look at the front door of the road, and caused the Defendant to go beyond the road (the age of 67) of the Victim G (the age of 67) who was on the Defendant’s back to the front wheel part of the Oraltob, which was driven by the Defendant, with the front wheel part of the Oaltoba, which was driven by the Defendant, with the front wheel part of the front wheel of the Defendant driving by the Defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, namely, the death of the victim due to the cerebral injury and the damage to the dead body due to a traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to a survey report on actual conditions, an accident site photograph, and a corpse inspection report;

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. The main line of the reason for sentencing under Article 62(1) of the Criminal Act (including the favorable circumstances, etc. among the reasons for sentencing below) is the road-lane crosswalk.