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(영문) 대전지방법원 홍성지원 2017.03.08 2016고단945
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in the B SP area.

On September 26, 2016, the Defendant, at around 22:50, proceeded at a speed of about 65.4 km in the direction of luminous, along with the two-lane roads in front of the D gas station in Hong-gun, Chungcheongnam-gun, Hong-gun.

At the time of night, the front door of the road was opened at the front door, and there was a pedestrian crossing installed at the front door, so there was a duty of care to safely drive the vehicle by checking whether there was a person who gets engaged in driving of the vehicle by reducing speed and checking well the right and the right and the right of the road.

Nevertheless, the defendant neglected to do so and proceeded as it was, and the defendant got the victim's right-hand bridge side, which was dried from the left-hand side of the victim E, to the right-hand side of the crosswalk, based on the direction of the vehicle run by the defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at a university hospital of the Republic of Korea, which was located in 201, south-gu, South-gu, East-gu, Seoul Special Metropolitan City on September 27, 2016, due to the heart suspension by blood booming from credit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of Acts and subordinate statutes to the survey report and death certificate;

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 the selection of imprisonment without prison labor;

1. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

The purpose of the crime of this case is to recognize the crime of this case, there is no history of punishment more than the suspension of execution, and the content of damage agreed with the victim's bereaved family.

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