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(영문) 대전지방법원 공주지원 2021.03.23 2020고단488

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a benz car.

On May 25, 2020, the Defendant driven the above automobile around 12:23, and had the national highway No. 32 in front of the village in the Gongju City progress at a speed of about 125.73 km in speed, depending on the two-lanes among the three-lanes of the public road in the Gongju-si.

Since there is a road with a restricted speed of 70km, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle so that it does not exceed the restricted speed, and by maintaining the safety distance with the motor vehicle in front.

Nevertheless, the Defendant neglected this and tried to discover the E-mail of the victim D ( South, 77 years old) who entered the two-lanes of the above road, which is the front direction of the Defendant’s proceeding, and also proceeded with the restricted speed exceeding 5.73 km, and due to the negligence of changing the victim’s course from the two-lanes of the Roman road to the one-lane, without securing the safety distance, and due to the negligence of changing the victim’s course from the two-lanes of the above-mentioned road to the one-lane.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, which was sent back to G hospital located in the Seo-gu Daejeon, Seo-gu, Daejeon, and was under medical treatment, due to cerebral pressure around 11:19 on May 29, 2020.

Summary of Evidence

1. The application of the defendant's legal statement of traffic accident report (1, 2, and a report on actual investigation) death, death diagnosis report, accident scene photographs, speed calculation, film image data (flaps, CDs), and the application of Acts and subordinate statutes related to clifics;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From January to five years of a credit cooperative;

2. The scope of recommended punishment according to the sentencing guidelines [the type of traffic accidents] shall be the general traffic accident.