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(영문) 대전지방법원 서산지원 2016.12.23 2016고단699

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 of the Grand Britain.

On September 21, 2016, the Defendant, around 20:51, proceeded with the roads in front of multi-household houses, 151, Songjin-si, Songjin-si, Songjin-si, Songjin-si, about 56 km to the front of the multi-household houses, from the front direction-based side to the front direction-based 56 km to the front direction-based 58 km.

At the time, it is night and its place is 30km speed, so in this case, there was a duty of care to observe the speed limit to the person engaged in the vehicle driving business and to properly see the right and the right and the right and the right and the right of the person engaged in the vehicle driving business, while accurately manipulating the steering gear and the brake system to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and went beyond approximately 26 km and 28 km, caused the victim D (W, 73 years old) who illegally crossed the above road from the left side of the Defendant’s running direction to the right side of the road.

Ultimately, at around 20:30 on September 22, 2016, the Defendant caused the death of the victim due to brain escape from the Siljin General Hospital located in 5-15 as the 5-15 degree of the Siljin-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a traffic accident report, on-site photograph, internal investigation report (Attachment to Blue Trabbbs and CDs), death diagnosis report, and traffic accident analysis and appraisal report;

1. Article 3 (1) and Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor, concerning criminal facts;

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The circumstances in which the result of the death of the victim is favorable: The fault of the victim seems to have contributed to the occurrence of traffic accidents or the expansion of damage; the fact that the victim has agreed with the bereaved family members; there is no history of punishment exceeding the same kind of criminal record or fine; the fact that there is no history of punishment exceeding the same kind of punishment; the defendant's age, character and conduct