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(영문) 대전지방법원 홍성지원 2019.05.14 2019고단104
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 B-to-car vehicle quantity.

On December 18, 2018, at around 07:06, the Defendant proceeded at approximately 70.1~ 74.8 K/hh speed depending on the one-lane of the salary intersection from the side of the D School to the intersection of the Jinsung-gun and the personal housing.

There are three-distance crossings connected to a village, where traffic control is not performed, and there was a house adjacent to the road, and the speed limit was 60 km/h, and the time was 60 km prior to the sunrise, so in such a case, the driver of the vehicle has a duty of care to prevent the accident in advance by accurately operating and safely driving the steering and steering system.

Nevertheless, the defendant neglected this and proceeded as it was due to the negligence of neglecting it and neglecting it, and the victim E (80 years old) crossing the road from the left-hand side of the course direction to the right-hand side of the bicycle lane is shocked with the front part of the vehicle of the defendant, so the victim was able to use it on the road.

Ultimately, the Defendant caused the death of the victim on the same day due to a serious injury to the victim due to the occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the conditions of all the sentencing indicated in the records, including the Defendant’s age, character and conduct, environment, the circumstances before and after the instant crime, and the circumstances leading to the instant crime, shall be determined as set forth in the text.

A disadvantageous condition: A normal condition in which the victim's death was incurred due to a traffic accident:

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