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(영문) 대전지방법원 2019.03.28 2018고단4647

교통사고처리특례법위반(치사)

Text

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

However, 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 who is engaged in driving a B mother car.

On October 30, 2018, the Defendant driven the above car on October 30, 2018, and driven the two-lanes of the Dmaart in Daejeon-gu, Daejeon-gu, along with one-lane in the direction of the MNN distance in the direction of the MNN distance, proceeded at about 81.2km in the speed of the city.

At the time, a new wall, where the front door door runs, and where the speed limit is 50 km per hour, there was a duty of care to reduce the speed and prevent accidents in advance by driving the vehicle safely.

Nevertheless, the Defendant neglected this and went beyond 31.2 km per hour, and did not discover the victim E (Nam, 59 years of age) to the left-hand side from the right-hand side, and had the victim go beyond the ground by receiving the victim's right-hand side part of the Defendant's passenger car, and the victim thereby died due to a low-carbon cerebral brain damage, etc. caused by cerebral cerebral cerebral dys in the G Hospital located in the Seo-gu, Seo-gu, Seowon-gu, Cheongju on November 15:50 of the same year.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. A fact-finding report, an accident site photograph, a request for appraisal, a briefing session, a speed limitation photograph, and a black and video CD at the time of committing a crime;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Considering Circumstances favorable to the accused among the reasons for sentencing below);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. The scope of recommendations according to the sentencing criteria: Two to one year (the determination of a type) of imprisonment without prison labor; and < Amended by Act No. 1138, Feb. 1, 201>