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(영문) 대전지방법원 2020.04.24 2020고단792

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 becomes final and conclusive.

Reasons

Punishment of the crime

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

On September 18, 2019, the Defendant driven the above car at around 10:02, and led to the left turn to the left at the 303-side distance from the north of Daejeon U.S., according to the north of Daejeon.

The location is a three-distance where a signal, etc. is installed, and the yellow signal was displayed on the front side of the defendant's moving direction, so there was a duty of care to prevent accidents in advance by stopping immediately before the stop line according to the traffic signal to the driver of the motor vehicle and driving the motor vehicle without entering the intersection, and accurately manipulating the steering gear and brakes to prevent accidents.

Nevertheless, even if the Defendant neglected this and the yellow signal is lighted and changed to the stop signal, it is unreasonable to enter the intersection, and due to the negligence of entering the intersection, the Defendant had the victim D(57 years old) driving HJ10T-7C 90C 90cc U. S. on the left side of the Defendant’s vehicle, who was directly moving the said three-distance from the outer yellow-distance bank to the half-top-distance bank.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on September 21, 2019, from G Hospital located in Seo-gu Daejeon, Seo-gu, Daejeon to the brain side and brain side.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. The application of Acts and subordinate statutes, such as a traffic accident report, a traffic accident scene photograph, a photograph by cutting down the stude image of the Defendant vehicle, a photograph by cutting off the I Blue image, an accident site photograph, and a death diagnosis report;

1. Article applicable to criminal facts;

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

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture is unreasonable even if the vehicles of the accused are lighted with yellow signal for the reason of sentencing under Article 62-2 of the Criminal Act, and are changed to the vehicle stop signal.