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(영문) 대전지방법원 서산지원 2020.01.28 2019고단1194
교통사고처리특례법위반(치사)
Text

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

except that the execution of the above punishment shall be suspended for 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 rocketing car.

On September 24, 2019, at around 13:25, the Defendant driven the above vehicle on the front of the D-road located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and led the Defendant to proceed along the one-lane of the one-lane road in the direction of the Taean Terminal in the sex review distance.

Since there are many places for the traffic of ordinary vehicles and pedestrians, there was a duty of care to prevent accidents due to a person engaged in driving of a motor vehicle, such as taking the front door and right door well, and accurately manipulating the steering and steering gear, etc.

Nevertheless, the defendant neglected to do so and led the victim E (78 years old) who was crossing the road on the right side from the left side of the running direction of the defendant's vehicle to the front part of the defendant's vehicle.

Ultimately, around September 25, 2019, around 04:13, the Defendant caused the victim to die by occupational negligence, and caused the death of the victim to the cerebral cerebral cerebral cerebral cerebral Bribery, which had no two internal address opened in the G Hospital emergency room located in the Yananan-si F.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. The actual condition survey report;

1. Reports on the occurrence of a traffic accident;

1. A dead-end death report;

1. Application of Acts and subordinate statutes to photographs of accident scene and postmortem photographs;

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, and Article 268 of the Criminal Act.

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation], and April through one year;

2. When a traffic accident occurs due to negligence of the defendant who has been sentenced to sentence due to failure to exercise his/her duty of safe driving, the victim dies;

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