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(영문) 대전지방법원 홍성지원 2020.04.21 2020고단56
교통사고처리특례법위반(치사)
Text

The imprisonment without prison labor for the accused shall be determined by ten months.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight B and B.

On October 18, 2019, the Defendant driven the above cargo vehicle on October 10:05, and proceeded at a speed of about 20km from the side of the D market to the parking lot of the E market at the speed of about 10km from the D market.

In this case, the driver of a motor vehicle has a duty of care to check whether there is a pedestrian, and to safely drive the motor vehicle in order to prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the Defendant neglected to do so and followed the Defendant’s negligence to walk the victim F (M. 78 years old) who cross the instant cargo crossing to the port from the right side of the said cargo vehicle’s direction, and received the two parts of the said cargo vehicle’s front part.

Ultimately, at around 21:24 on the same day, the Defendant caused the victim’s death by cerebral cerebral and cerebral cerebral ma in the H hospital located in the Gunsan-si G in the Gunsan-si of North Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report;

1. A death certificate;

1. Application of statutes on site photographs;

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. Article 62 (1) of the Criminal Act;

1. The scope of recommendations according to the sentencing guidelines for sentencing under Article 62-2 of the Criminal Act for the reasons of sentencing [decision of types] the general traffic accident [Class 2] mitigation element of traffic accident [special scams] mitigation element: the victim's bereaved family members [the scope of recommendations and recommendations] mitigation area, the occurrence of accidents caused by shocking pedestrians who have dried the crosswalks for the decision of sentencing four to one year imprisonment without prison labor, the occurrence of the victim's death, the degree of violation of the defendant's duty of care, the victim's bereaved family members.

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