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(영문) 제주지방법원 2018.06.20 2017고단2839
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in C Freight Driving.

On February 16, 2017, the Defendant started using the second line the 4nd line of the Jinal Apartment apartment, which is located in the Gu dry field, Seo-gu, Daejeon on February 16, 2017. At the same time, the Defendant was crossing the road without permission from the victim D (50 tax) on the left side of the front bank.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents due to a person engaged in driving a motor vehicle's failure to drive the motor vehicle, such as reducing the speed and temporarily suspending the accident.

Nevertheless, due to the negligence of neglecting this, the Defendant caused the death of the victim who illegally crosses the road from the left side of the progress direction of the Defendant to the front side of the above cargo vehicle, and the damaged person caused the death of the victim from the low-blood shock caused by the diversified damage at the university hospital of the area located in Seo-gu Daejeon, Daejeon at around 06:00 on the same day by the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to death diagnosis certificates for victims;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where there is a substantial negligence on the occurrence of traffic accidents or the expansion of damage to victims, even though the victim is in the mitigated area (4 months to 1 years) (special mitigation persons) of Class 2 (Death, etc. of Traffic Accidents) in the scope of the recommended punishment according to the sentencing guidelines;

2. The defendant who was sentenced to sentence did not reach an agreement with the bereaved family of the victim;

However, the accident of this case occurred while the victim was crossingd without permission on the 4-lane road at the center of the 2:00 p.m. at the center of the new wall between 2:20 p.m. and 20 p.m., there are circumstances to consider the circumstances of the accident, the vehicle driven by the defendant is subscribed to the freight mutual aid, there is no history of criminal punishment heavier than the fine, and other matters after the crime.

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