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(영문) 대전지방법원 2019.07.03 2019고단1267

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaging in driving a rocketing car.

On January 13, 2019, the Defendant driven the above vehicle on January 13, 2019, and proceeded with the officer crosswalk, which is located in the Jungcheon-gu, Daejeon, Jung-gu, Daejeon, with about 40-50km in the speed of Si/Gun from the flood slope to the gyeong-gu.

Since a vehicle is an intersection where a signal, etc. is installed, the driver of the vehicle has a duty of care to observe the traffic signal and drive the vehicle in a safe manner.

Nevertheless, due to the negligence that the Defendant neglected this, while driving the signal light even though it was a yellow light, the part on the left side of the victim C (the 71-year old bicycle riding from the right side of the Defendant’s running side to the left side of the red signal crossing was shocked by the front part of the vehicle’s right side and the front part of the light.

At around 05:21, March 1, 2019, the Defendant caused the death of the victim by occupational negligence, such as “the brain injury and cardiopulmonary pulmonary injury,” etc. at the E Hospital located in Seo-gu Daejeon, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Data and photographs, such as a traffic accident investigation report, traffic accident scene, etc., photographs of those who have suffered from a changer, and video CDs;

1. A written request for appraisal;

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;

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is due to the negligence of the defendant's failure to proceed with the signal signal, etc. in the form of a yellow light, leading to the death of the victim by shocking the victim with the vehicle. In light of the result of the accident, the nature of the crime and the crime of this case are not less

However, there is no history of punishment for the defendant, and the defendant recognizes his mistake, and the victim.