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(영문) 대전지방법원 2017.04.20 2017고단479
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for a period of two 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 halog car.

On November 1, 201, 201, the Defendant driven the above vehicle at around 04:46, and proceeded at about 60 km each hour between the 4rd side of the front road and the 4rd parallel of the Seo-gu Daejeon, Seo-gu, Daejeon.

At the time, it is night and its front door is an intersection where crosswalks and red on-and-off signals are installed, so a person engaged in driving service has a duty of care to safely drive the crosswalks by reducing the speed and properly examining the right and the right and the right of the crosswalks. On the other hand, a person engaged in driving service has a duty of care to temporarily stop in accordance with the red on-and-off signals and to safely drive it

Nevertheless, while neglecting this as a temporary suspension and proceeding as it is, the victim D (the 80-year old age) walking on the right side from the left side of the passenger car driving direction of the defendant is not found and the defendant was placed in front of the passenger car.

The Defendant eventually caused the death of the above victim at the site by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes to report traffic accidents, report on the scene of accidents, and report on the occurrence of traffic accidents;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following circumstances shall be determined by comprehensively taking into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc. and the conditions of various sentencing as shown in the instant pleadings.

A disadvantageous condition: The degree of negligence of the defendant for an accident that has occurred in violation of the duty to protect pedestrians on the crosswalk.

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