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(영문) 대전지방법원 홍성지원 2018.10.01 2018고단387

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of EXE vehicles.

On January 6, 2018, the Defendant driving the said car at around 23:35, and driving the said car, and driving the two lanes in front of the E in Hong-gun D, Hong-gun, Chungcheongnam-do, one lane straight along the speed of about 64 km from the next shooting distance to the speed of about 64 km.

At the time, there are nights, and there are points at a speed of 40 km per hour, so in such a case, the driver of the motor vehicle has a duty of care to accurately operate the steering gear, brakes and other devices of the motor vehicle and to ensure that the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to the speed limit and prevent the accident in advance.

Nevertheless, the Defendant did not discover the victim F(43) crossing the road from the left side of the running direction to the right side of the Defendant’s vehicle due to negligence of neglecting this and proceeding more than 24 km/h, and due to negligence of not living well in the traffic situation, and received the victim from the front part of the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the Defendant at a university hospital located in South-gu, South-gu, South-gu, Seoul Special Metropolitan City due to the foregoing occupational negligence on January 26, 2018.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A survey report on actual conditions;

1. On-site photographs and photographs of the changeer;

1. A death certificate;

1. Application of Acts and subordinate statutes to traffic accident analysis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. The Defendant, on the grounds of sentencing of imprisonment without prison labor, drive a vehicle in excess of the speed limit at night, while violating the duty of ex officio and ex officio guidance, resulting in a serious consequence of the victim’s death.

In addition, no effort has been made to recover damage, and there has been consistent with the demands of summons or bereaved family members for investigation and criminal conciliation.