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(영문) 대전지방법원 홍성지원 2018.05.30 2018고단45
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car in C SP area.

On September 15, 2017, the Defendant driven the above car around 15:20, and driven the two-lanes in front of the resting area of Boncheon-ro 785, Cheongcheon-si, Cheongyang-si, at the speed of about 50 km from the Cheongyang-si to the Cheongcheon-si.

Since the place is where there are many persons crossing the road due to commercial buildings on the side of the road, there was a duty of care to reduce the speed and prevent accidents in advance by properly examining the side.

Nevertheless, the Defendant neglected this and caused the victim D (the age of 76) who was crossing the road due to negligence on the front side by neglecting it, to go beyond the ground by taking the Defendant’s left side of the vehicle.

Ultimately, on September 6, 2017, the Defendant caused the death of the victim due to the occupational negligence, such as secondary blood transfusion from credit at the South-dong University Hospital of the 201 short-term National University, South-gu, South-gu, Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual investigation report on traffic accidents and on-site photographs;

1. Application of Acts and subordinate statutes of death certificate (D);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the consideration shall be given to the favorable circumstances, such as the fact that the crime is recognized and reflected, the fact that the negligence of the victim crossing the road of round-down four lanes without permission has a significant impact on the accident, the vehicle involved in the accident is covered by a comprehensive insurance, the fact that there is no history of punishment exceeding the fine, the fact that there is no history of punishment exceeding the fine, and the fact that the victim deposited

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