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(영문) 대전지방법원 2018.05.31 2018고단959

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for six 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

At around 16:10 on December 27, 2017, the Defendant driven a vehicle for occupational CSpoon and proceeded to the left of the front of the road in front of the Daejeon Dong-gu to the Public Security Center in the direction of the sports wheel road. When the Defendant proceeds to the left, the Defendant did not see the front side and the right and the right and the right of the front of the road in front of the Daejeon Dong-gu, and proceeded to the front part of the above vehicle by negligence without temporarily stopping in front of the crosswalk and without temporarily stopping in front of the crosswalk, the Defendant followed the Victim F(8 years old) with the right and left part of the vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence in the emergency room of the Chungcheongnamnam University Hospital located in Daejeon-gu, Daejeon-gu, Daejeon-gu, 16:53 on the same day on the same day due to the severe injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, accident scene, and photograph of a person who has suffered from a change;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] of the Act on the Punishment of Specific Traffic Accidents in Article 62(1) [the grounds for sentencing [the scope of the recommended sentence] shall be determined as follows: (a) [the person subject to special mitigation] who is not subject to punishment [the person subject to special mitigation]] and who is not subject to punishment [the person subject to special mitigation]; (b) the victim who was a victim at the crosswalk and died; (c) there is no criminal liability; (d) there is no criminal history; (d) there is no other criminal history; (e) there is a smooth agreement with the victim's bereaved family members; and (e) the defendant's age, sex behavior, occupation, career, home environment, etc.