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(영문) 대전지방법원 홍성지원 2017.05.02 2017고단102
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 car in the C SP area.

On December 28, 2016, the Defendant driven the above car at around 19:15, and came to enter the 140km in speed, depending on three lanes, from the budget bank of the monthly intersection at the 23-lane Hong-gun, Chungcheongnam-gun, Hong-gun, Chungcheongnam-gun, to the red slope, which is located at the 23-lane 23-lane.

At the time, at night and at the night, there is a section with a speed of 70 km at a speed of 70 km, where the vehicle and the pedestrian signal are installed, so there was a duty of care to prevent accidents in advance by complying with the speed of restriction to persons engaged in driving the vehicle, by checking the right and the right and the right of the vehicle, and by accurately operating the steering and the steering system.

Nevertheless, the Defendant neglected this and proceeded with more than 70km than the speed limit, and did not discover the victim D (the age of 67) walking the above crosswalk on the right side from the left side of the running direction of the Defendant, and received the part of the victim's right side with the front top of the said car.

After all, the Defendant caused the victim to die from the above occupational negligence by low-blood shocks caused by the severe damage in the relevant job.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes on traffic accident analysis and replies;

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. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] of the Criminal Act [the grounds for sentencing] and the grounds for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] the area where the punishment is mitigated (the imprisonment without prison labor for April to one year), [the person who is specially mitigated] [the sentence] below, the defendant's age, sexual behavior, environment, and circumstances before and after the instant crime.

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