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(영문) 대전지방법원 2020.04.03 2019고단4759
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a B B-II cargo vehicle.

On September 24, 2019, the Defendant driven the above cargo vehicle around 21:00, and led the Defendant to drive the above cargo vehicle from the Jambalk-side of the Jambalk-gu Daejeon Metropolitan City, along the three-lane distance near the Dambalk-gu, Daejeon Metropolitan City, to the Jambalk-side.

It is a place where the speed of restriction is 50km per hour, and a crosswalk and signal is installed. In such a case, a person engaged in driving service has a duty of care to safely proceed by checking whether there is a pedestrian who reduces speed and passes the crosswalks.

Nevertheless, the Defendant neglected this and proceeded with the part of the victim E (the age of 63) where the victim E (the age of 63) who dried the above crosswalk from the right side of the road to the left side in accordance with the progress of the pedestrian walk, due to the negligence that proceeded with the vehicle signal at speed of 87.75 km per hour, even though the vehicle signal at the front side was red.

Ultimately, the Defendant caused the victim E by the above occupational negligence to go beyond the road and head, and caused the victim to die due to cerebrovascular and cerebral damage in the G Hospital located in Seo-gu Daejeon, Daejeon on September 25, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. The actual condition survey report and the statement hearing report;

1. A traffic accident analysis and appraisal report;

1. A death certificate;

1. On-site storage;

1. Application of the instant site and photographs, CCTV video CD-related statutes

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor or heavier punishment;

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] shall be limited to traffic crimes: general traffic accidents [the type 2], the death of traffic accidents (the special person who is sentenced to punishment].

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