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(영문) 대전지방법원 천안지원 2021.03.31 2020고단3443

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

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

around 05:10 on October 12, 2020, the Defendant driven the said two-lane road in front of the D convenience store in Asia-si, Asan-si, and proceeded at a speed of about 89.2km per hour depending on one lane.

Since the restriction speed is 50 km per hour, the driver of the motor vehicle has a duty of care to safely drive the steering gear and brakes by complying with the restriction speed and properly manipulating the steering gear and brakes through the operation of the steering system.

Nevertheless, the Defendant did not discover the victim E ( South, 52 years old) who was on board a bicycle or a crosswalk in violation of the Defendant’s left-hand signal from the right side of the road at the front of the mast by neglecting the speed of restriction over about 39.2 km per hour while driving on the front side of the mast, and caused the said bicycle to go beyond the road by shocking the front part of the said string-way car.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at G hospital located in Asan City F at around 06:05 on the same day due to the injury of the two parts and chests caused by traffic accidents.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, inspection reports on the scene of accidents, and investigation reports (the results of speed analysis);

1. Application of the Acts and subordinate statutes of a traffic accident analysis report;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: The defendant is admitted to commit the instant crime, and the victim is a victim by agreement with the victim and his/her bereaved family members.