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(영문) 대전지방법원 천안지원 2020.04.27 2019고단2757
교통사고처리특례법위반(치사)등
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Defendant shall be punished by imprisonment without prison labor for two years.

Reasons

Punishment of the crime

The Defendant is also a person who is engaged in driving a passenger car.

On September 11, 2019, around 17:25, the Defendant proceeded at a speed of about 23.6 km in the city, depending on one lane, toward the direction of the E apartment in the direction of the language.

The location is a pedestrian crossing without signal lights, and it is a child protection zone, so in this case, the driver of the vehicle has a duty of care to check whether there is a child, to check whether there is a child, and to drive safely.

Nevertheless, the defendant found the victim F(7 years of age) and G(3 years of age) who cross the crosswalk from the left side due to the negligence without properly verifying that there is a pedestrian, and found the victim F(7 years of age) who crosss the crosswalk from the left side at late, shocked the victims to the front part of the driver's seat, and tried the victim F(F).

Accordingly, the Defendant caused the victim F to die due to the second damage caused by traffic accidents at H Hospital around 19:03 on September 11, 2019, and suffered injury to the victim G, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement on the occurrence of a traffic accident prepared by the I;

1. A death certificate and a medical certificate;

1. Bluckings and CCTV images for parking or parking;

1. The actual condition survey report;

1. Responses to traffic accident analysis;

1. Application of Acts and subordinate statutes to investigation reports (specific reports on accident time);

1. Article 3 (1), the proviso to Article 3 (2) 6, Article 3 (2) 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

2. Articles 40 and 50 of the Criminal Act (the punishment imposed on any person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents which are heavier than the Sentencing) of the Commercial Concurrent Crimes.

3. Grounds for sentencing of selective imprisonment without prison labor;

1. Scope of punishment by law: Imprisonment without prison labor for not more than five years;

2. The sentencing criteria shall be based on; and

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