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(영문) 대전지방법원 서산지원 2018.08.16 2018고단499
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 the duties of driving Bone Star Co., Ltd.

On March 30, 2018, the Defendant driving a two-laned road in Western City C around 14:58 on March 30, 2018, and came to turn to the left from the right side of D to the right side.

Since the center line is installed at the center of the road, the left turn is not allowed, and the crosswalk is installed without signal, so the person engaged in the driver's duty of driving the motor vehicle shall not be allowed to walk the center line and turn to the left, and the driver's duty of care to prevent accidents by driving the motor vehicle after checking accurately whether there is a pedestrian crossing the crosswalk to reduce speed and to stop the accident.

Nevertheless, the defendant neglected this and went beyond the center line and caused the victim E (the 70-year old) who cross the crosswalk from the right side of the defendant vehicle to the left side of the crosswalk to go beyond the ground floor.

Ultimately, the Defendant caused the victim to die from the above occupational negligence on April 1, 2018 at a university hospital of the Republic of Korea located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Daejeon on April 1, 2018 to the multiple long-term father.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The actual investigation report on traffic accidents;

1. A report on the occurrence of traffic accidents;

1. A death diagnosis certificate or place where emergency medical services are performed;

1. Application of Acts and subordinate statutes on investigation reports and CCTV analysis data;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [the scope of the recommended punishment] General traffic accidents in Type 2 (Death and Injury by Traffic Accidents) (4 to 1 year) (including special mitigation persons) and non-execution of punishment (including serious efforts to recover damage);

2. Determination of sentence;

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