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(영문) 대전지방법원 2020.05.08 2019고단4429

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for three 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 KS7 car.

On August 25, 2019, the Defendant driven the above car on August 23:21, 2019, and stopped at one lane in order to make a U.S. 8 U.S. university in Daejeon, and to make a U.S. 5 lane in front of the distance of U.S. hot spring.

Since there is a blind distance in which signal lights are installed on the front door, there was a duty of care to prevent accidents in advance by driving safely in accordance with the new code.

Nevertheless, the Defendant neglected this and neglected to stop the vehicle signal, which was driven by the victim C(34 years of age) who was driven by the straight line in the opposite line, due to the negligence of the U.S., the Defendant was faced with the front side of the front side of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence as a result of the injury to the external wound in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Criminal place, actual investigation report, report on the occurrence of a traffic accident, and investigation report;

1. A written result of autopsy;

1. A signal cycle mark of the hot spring distance, 112 reported case processing mark, 119 records recording;

1. Application of photographs, such as a scene of an accident, CCTV images-fashion photographs, and CCTV video CD-related Acts and subordinate statutes;

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 selection of

1. The crime of this case under Article 62(1) of the Criminal Act is illegal for the defendant.

The traffic accident caused the death of the victim, and the degree of violation of the duty of care of the defendant was serious, the death of the victim was fatal, and the criminal liability is very large, but the defendant is divided in depth into the defendant's mistake, and the traffic accident was committed, considering the fact that the defendant was punished for drinking driving two times.