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(영문) 대전지방법원 홍성지원 2017.07.18 2017고단321

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 one year 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 car in CMW 320D.

On April 2, 2017, the Defendant driven the above car at around 03:00, and proceeded at approximately 72 km each hour in accordance with the speed of 72 km of the budget in front of the fire station located in the center of Oiaea, from the Eup of the Eup in which the budget is inserted to the part of the budget.

At the time, since it is a road of one lane in which delivery is at night and is not installed separately, there was a duty of care to prevent accidents in advance by checking whether there is a pedestrian in walking on the road by reducing speed and checking the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and found the victim D (68 tax) coming from the direction of the Defendant’s proceeding and the opposite direction at the front of the Defendant’s vehicle due to negligence, and immediately operated the above road at the front of the Defendant, but did not avoid it, and received the victim at the front of the right side of the said vehicle.

Ultimately, the Defendant caused the above victim’s death by occupational negligence due to the long-term damage caused by the diversification of diversity in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report and a traffic accident analysis report;

1. Application of Acts and subordinate statutes to death certificates;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 2 (Death, etc. by Traffic Accidents) [Specially mitigated Persons] Punishment is not imposed (Specially mitigated Persons] under the following conditions and other conditions of sentencing, including the defendant's age, sex, environment, circumstances before and after the instant crime, and circumstances before and after the instant crime, etc., as a whole, the following conditions of sentencing are considered.