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(영문) 대전지방법원 천안지원 2018.04.20 2018고단293
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 a CM5 car.

On November 29, 2017, around 17:45, the Defendant continued to drive the said car at a speed of about 64 km at a speed of 64 km in front of the E convenience store located in Northern-gu, Seo-gu, Seocheon-gu, Seoul National University, at the boundary of the Seoul National University, and at the intersection of the said car at the intersection.

It is a road with a maximum speed of 40 km and a crosswalk is installed on the front side. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering gear and the brake system by complying with the speed limit and driving the motor vehicle with a view to driving the motor vehicle.

However, the Defendant neglected to drive the said car at a speed of not less than 20 km but more than 64 km, and did not avoid the victim F (n, 66 years old) who was crossing the said road at the front of the course, and did not avoid the victim F (n, 66 years old) who was driving the said car at a speed of not less than 20 km, and caused the victim to go beyond the floor by shocking the victim's blind part of the front part of the said car.

Accordingly, the Defendant caused the victim to die by such occupational negligence at the H hospital emergency room located in Pyeongtaek-si G on November 29, 2017 due to the pulmonary injury caused by a pedestrian traffic accident (a pressure-constion by blood or scar scart).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Submissions of traffic accident analysis reports;

1. Application of Acts and subordinate statutes on site 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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] ordinary traffic accidents, and the victim of the Type 2 (Death or Injury by Special Mitigation) shall also be negligent in the occurrence of traffic accidents;

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