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(영문) 대전지방법원 천안지원 2016.04.07 2016고단38
교통사고처리특례법위반
Text

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

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 CK5 cars.

On November 13, 2015, the Defendant driven the above vehicle at a speed of 22:00, and driven the road of 3 lanes in front of the two-lanes in the direction of the common-section in the direction of the common-sections in the direction of the common-sections in the direction of the common-sections of the common-sections in the direction of the common-sections of the common-sections.

At the time, at night, the signal lights and crosswalks were installed on the front door, and therefore, the driver of the vehicle had a duty of care to safely drive the vehicle by reducing the speed for those engaged in driving, checking the right and the right of the vehicle, complying with the signal, and checking whether there is no pedestrian to walk the crosswalk, and as such, there was a duty of care to safely drive the vehicle.

Nevertheless, the Defendant neglected this and received the victim D (69) who crossed a crosswalk in front of the road by the Defendant’s fault in contravention of the signal, and due to the Defendant’s fault in contravention of the signal, in front of the left side of the vehicle.

Ultimately, around November 13, 2015, around 22:54 on November 13, 2015, the Defendant caused the victim’s death by occupational negligence in a single-national university’s college and a university affiliated hospital’s affiliated hospital, located in the south-dong-gu, South-gu, East-gu, Seoul, resulting in the victim’s injury with a scarcity.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry and video of the actual survey report on traffic accidents;

1. Each description of a victim's death diagnosis report, a copy of medical records, a reply to a request for autopsy, and a reply to a request for automobile appraisal;

1. Application of each video statute to images of the scene of the accident, photographs of the victim, and dead body photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the circumstances favorable to the following grounds for sentencing);

1. Scope of punishment by law: Not less than one month but not more than five years;

2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] traffic crimes and general traffic accidents;

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