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(영문) 대전지방법원 홍성지원 2020.06.03 2020고단240
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for three 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 a SP area B.

On November 26, 2019, at around 05:47, the Defendant continued to move forward the distance front of the D Hospital located in Chungcheongnam-nam Budget C from E apartment to F.

In this case, the driver of a motor vehicle has a duty of care to temporarily stop in front of the stop line prior to the right-way and thoroughly check whether there is a person driving the motor vehicle to drive the motor vehicle, and if there is a person driving the motor vehicle to drive the crosswalk, the motor vehicle was driven by the person driving the motor vehicle, and there was a duty of care to prevent the accident by entering the intersection and preventing the accident from spreading.

Nevertheless, the Defendant neglected this and did not properly examine whether there is a person walking the crosswalk, but did not temporarily stop according to the red on-and-off signal, and did not find out the victim G (5 years old) walking the crosswalk to the right side from the right side of the right side of the Defendant’s right side, and did not find out the victim G (5 years old) walking the crosswalk from the right side of the right side of the motor vehicle in the right side.

At around December 6, 2019, the Defendant caused the death of the victim due to cerebral ma, etc. at the I Hospital located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of a traffic accident;

1. The actual survey report on traffic accidents;

1. On-site photographs;

1. A death certificate;

1. Application of Acts and subordinate statutes for report on internal affairs (booms images);

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 selection of

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of traffic crimes) shall be general.

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