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(영문) 대전지방법원 천안지원 2017.09.07 2017고단1332
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 BM525 V car.

On January 23, 2017, the Defendant proceeded at a speed of about 70 kilometers a speed of 70 kilometers a speed according to the two-lanes of the public welfare distance, which is located in the city of Asan on behalf of the official in the city of Asan on January 23, 2017.

Since there was an intersection where a crosswalk is installed, there was a duty of care to safely drive a motor vehicle to prevent accidents in advance by safely driving the motor vehicle, such as checking whether a person in charge of driving the motor vehicle is able to see the front side and the right side and the road, and accurately manipulating the steering gear, etc., to reduce speed.

Nevertheless, the Defendant was negligent in neglecting the duty of her front-time and found the victim C (at the age of 68) who was crossinged without permission on the right-hand side of the Defendant’s running direction from the left-hand side of the road to the right-hand side of the crosswalk, and received the victim’s body from the front side of the Defendant’s driving vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the E hospital located in Pyeongtaek-si D around January 23, 2017 due to multiple prolonged damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. A photograph of a scene of an accident or of a CCTV image to take a course;

1. Application of Acts and subordinate statutes to dead bodies;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] general traffic accident [the grounds for sentencing under Article 62(1) of the Criminal Act / [the scope of recommendation] / [the person with special mitigation] / [the person with special mitigation] / [the person with serious efforts to recover damage] / the person without punishment (including efforts to recover damage] / The victim also has gross negligence in the occurrence of the instant accident, the victim's agreement with the victim's bereaved family members, the first offender, and other defendant's seal.

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