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(영문) 대전지방법원 2018.06.21 2018고단603
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

On December 4, 2017, at around 03:15, the Defendant driven a road in front of the 73-lane MG Saemaul Undong, the Dong-gu, Daejeon, Dong-gu, Daejeon, the 73-lane, and proceeded at a speed of about 58 km/h, depending on the two-lanes, from the surface of the international swimming pool for a sports campaign, to the four-lane distance away from the surface of the plate-based international swimming pool.

At the same time, the yellow on-and-off signal was operated, the pedestrian signal of the crosswalk was cut off, and the restriction speed of the above road was 40 km/h, so a person engaged in driving duty has a duty of care to drive the signal so that he can prevent accidents by thoroughly operating the steering direction and brakes accurately by observing the restriction speed.

Nevertheless, Defendant 1 did not discover the victim D (V, 71) who is on the middle of the crosswalk due to negligence in excess of the speed limit in violation of the above duty of care and caused damage to the front right side of the Defendant’s car without finding the victim D (V, 71).

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the Daejeon Geong Hospital emergency room located in the Jung-gu Daejeon, Daejeon, Daejeon, on December 4, 2017, at around 03:45, the Defendant caused the death of the victim due to brain and cage damage, damage to cage cage cage sages, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and each photograph;

1. The reproduction of each black box box, video CD;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes to a traffic accident analysis and appraisal report (booming video speed analysis);

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

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture [decision of sentence], and two years of suspended sentence, taking into account the following circumstances, such as the Defendant’s age, sex, family, family relationship, home environment, motive and means of the crime, and circumstances after the crime, etc., the sentence is imposed as ordered.

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