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(영문) 대전지방법원 2018.11.22 2018고단2960
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

On May 3, 2018, around 19:25, the Defendant driving a 5-lane 5-lane in front of the store C in the Sejong-si, Sejong-si, and proceeded along the 3-lane from Daejeon-si to the measure level.

Since there is a 50 km/h intersection, a person engaged in driving duties has a duty of care to observe the speed limit, to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and to accurately manipulate the steering and the system,

Nevertheless, the defendant neglected the above duty of care and failed to properly examine the front side and the right and the right of the car at a speed of 79km/h of speed, and caused the victim E (the remaining, 16 years old) who boarded a bicycle on the front side of the lake park (the right side) by violating the traffic signal on the side of the lake park (the right side) according to the bicycle crossing in front of the direction of the horse course, and caused the victim E (the remaining, 16 years old) who was driving a bicycle on the front side of the marina car.

Ultimately, around May 4, 2018, the Defendant caused the victim to die from the G hospital located in Seo-gu Daejeon, Seo-gu, Daejeon to death due to the cardio-cerebral function by brain death.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the police with regard to the bereaved family H;

1. The actual survey report and on-site photographs;

1. A traffic accident analysis report;

1. Application of Acts and subordinate statutes on police statements made to I;

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. Based on the reasons for sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the instant trial process, such as Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, the sentence is determined as ordered.

The favorable circumstances: there is no criminal punishment.

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