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(영문) 대전지방법원 2018.09.14 2017고단4403
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and four months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B car.

On October 16, 2017, the Defendant came to turn to the left at a speed lower level along the two-lanes from the southwestwest-gu Seoul apartment complex D on October 16, 2017.

Since a crosswalk is installed in the same place, in such cases, there was a duty of care to confirm whether a person engaged in driving service has a road by reducing speed and by properly examining the right and the right and the right of the road, and to drive safely.

Nevertheless, the Defendant neglected to do so and proceeded on the front part of the above vehicle and received the victim E (V) and the victim’s mother F (V, 39 years old) who opened the crosswalk on the right side in the direction of the proceeding from the left side of the above vehicle.

On October 16, 2017, Defendant E caused the death of the victim E due to low-weight shock and severe damage.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and a copy of an accident video ID;

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

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents under the relevant Act on Criminal Facts, Article 268 of the Criminal Act (the occupational and practical intention), the reason for sentencing of imprisonment without prison labor / [the scope of the recommended punishment] There is no person [the person subject to special sentencing] [the sentence] in the basic area ( August to two years) of the two types of traffic accidents (the scope of the recommended punishment] [the sentence] [the defendant's negligence is very significant due to the shock of the victim who has walking the crosswalk in the apartment complex where safe walking is to be secured. The defendant's accident in the crosswalk under the Road Traffic Act is higher than the accident in the crosswalk, the five years of age who did not err in the accident in this case, caused the death of the victim, which is five years of age who did not have any error in the accident in this case, caused the death of the bereaved family, which caused the suffering of the bereaved family due to the behavior that was unrepared by the defendant's side after the crime.

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