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(영문) 대전지방법원 2016.09.20 2016고단2149

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was engaged in driving a rocketing car.

On April 12, 2016, the Defendant driven the said car at a speed of 60 to 70km from the west-gu, Daejeon on April 23:35, 2016, along the four-lanes in front of the latter part of the four-lane road in the latter part of the Republic of Korea, the Defendant driven the said car at a speed of 60 to 70km at a speed of 1512.

Although a person engaged in driving a motor vehicle with a crosswalk has a duty of care to reduce the speed and to safely drive the right and the right and the right of the motor vehicle, the defendant neglected to do so and neglected to do so, and the defendant received the victim D (the age of 61) who was crossing by using the crosswalk from the left side of the proceeding direction to the right side of the crosswalk, as the front side of the motor vehicle.

Accordingly, on April 13, 2016, the defendant had caused the death of the above victim in the shape of the cardiopulmonary function suspension (private person) at Eul University Hospital located in Seo-gu, Daejeon, Seo-gu, Daejeon on April 13, 2016, in the form of 01:06, the cardiopulmonary function suspension (private person) in the treatment, the cardiopulmonary shockor, the mid-to-long-term damage, the long-term damage in the double-to-mid river, the damage of the mid-to-mid river, the part and the part

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Submissions of reports on traffic accidents (1), (2), investigation reports, field photographs of traffic accidents, and traffic accident analysis reports;

1. Application of Acts and subordinate statutes of a death certificate;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the community service order are that the defendant agreed with the victim's bereaved family members, the vehicle of this case is covered by the automobile comprehensive insurance, the defendant is against the defendant, the defendant has no criminal history against the defendant, and other various sentencing conditions, such as the defendant's age, sexual behavior, environment, etc., shall be comprehensively considered to determine the sentence as ordered.