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(영문) 대전지방법원 천안지원 2020.06.12 2020고단361
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 drives a Party B's car.

On October 27, 2019, the Defendant driven the above car at a speed of about 69.3km from the direction of E to the F apartment at a speed of about 69.3km in front of the D childcare center located in the south-gu, Dong-gu, Dong-gu, Incheon.

It is difficult to secure the view due to a nearby lighting. In such a case, there was a duty of care to prevent accidents, such as a person engaged in driving a motor vehicle, who is well aware of the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the accurate operation of the steering and the brake system

Nevertheless, the Defendant did not discover the victim G (V) who walked on the road in the same direction as the moving direction at the front bank due to the negligence of neglecting this, and did not discover the victim G (V) who walked on the road in the same direction, and received the victim from the Defendant in front of the said passenger car.

Ultimately, around October 30, 2019, around 09:15, the Defendant died of the victim due to the above occupational negligence from the I Hospital located in the Dong-gu, Dong-gu, Dong-gu, Dong-gu, Y due to the cerebral cerebralop caused by the surgery of the external wound.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. A death certificate;

1. Application of Acts and subordinate statutes to a report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a photograph of the scene of an accident, a black fluor, and a written

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

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element: Death of traffic accident [Special Sentencing]: In cases where the victim has been negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim shall be punished (including the recommended area and the scope of recommendation] special mitigation area, and two to one year by imprisonment without prison labor;

2. The accused who has made a decision of sentence shall violate the speed of restriction;

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