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(영문) 대전지방법원 2018.11.06 2018고단3279
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 who is engaged in driving of fixed cargo C.

On June 25, 2018, the Defendant driven the above cargo vehicle around 12:00, and continued the front road of the Seo-gu Daejeon, Seo-gu, Seo-gu, with the view to the transformation station.

Since there is an intersection where signal lights are installed, there was a duty of care to safely drive a driver in accordance with the signals by reducing speed and checking the right and the right of the driver.

Nevertheless, the Defendant neglected this and did not temporarily suspend the red on-and-off signals, and instead did so, the part of the left-hand part of the G 124C 124C otoba operated by the victim F (74 e.g.) who was directly in accordance with yellow on-and-off signals at the right-hand transformation station 4 in the direction of the said cargo vehicle.

Ultimately, the Defendant caused the victim to die by occupational negligence at the emergency room of the University Hospital in the Seo-gu, Daejeon-gu, Daejeon-gu, by using brain pressure around June 25, 2018 during the follow-up treatment at the emergency room of the University Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of the statutes governing the statement protocol to H;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for aggravated punishment for sentencing under Article 62-2 of the Criminal Act: danger of negligence with no temporary suspension of on-and-off signals and grounds for reducing the seriousness of results: confession, non-existence of punishment of bereaved family members and agreement;

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