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(영문) 대전지방법원 2020.05.14 2020고단359
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for 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 Bchip car.

On November 3, 2019, the Defendant driven the said car on the 18:35th day of November, 2019, and driven the two-lanes from the Seo-gu Daejeon, Seo-gu, Seo-gu, Seo-gu, to the speed of 67.5km at the speed of 67.5km from the side of the C.

Since there is a limited speed of 50 km per hour, there was a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and brakes accurately.

Nevertheless, the defendant neglected this and proceed with a limited speed exceeding 17.5 km per hour.

The part of the bridge of the victim D (the age of 59) who illegally cross the above road to the port from the right side of the defendant's running direction was received in front of the said vehicle.

After all, the Defendant caused the victim's death by occupational negligence at the F Hospital located in Seo-gu Daejeon, Daejeon, in around 18:54 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report (1) (2) (actual survey report);

1. Application of Acts and subordinate statutes, such as an accident site photograph, body autopsy report, and traffic accident analysis report;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: Imprisonment without prison labor for not more than five years;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. Although the sentence of sentence is based on the results of the instant traffic accident, the defendant is subject to the Act on Special Cases concerning the Settlement of Traffic Accidents.

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