(영문) 대전지방법원 2020.09.10 2020고단921

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(영문) 대전지방법원 2020.09.10 2020고단921

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

On January 29, 2020, the Defendant driven the above car at around 15:10, and entered the right-hand turn from the right-hand distance to the right-hand turn at the front side of the D intersection in Seo-gu Daejeon, Seo-gu, Seo-gu, Seo-gu, along the two-lanes, and stopped within the intersection after the right-hand turn on the left side direction and the right-hand turn turn on the left right-hand turn, and the left-hand turn turn-hand turn turn on the right-hand turn.

At the same time, the cross-section signal was a straight signal, and there was another vehicle in the right side of the above scamet, and in such a case, there was a duty of care to check whether there is a vehicle that is straight ahead of the right side of the vehicle and to safely drive the vehicle and prevent the accident by safe driving.

Nevertheless, when the Defendant was negligent in attempting to turn the intersection to D in front of the above left-hand turn turn, and attempted to turn the intersection to D, the Defendant shocked the front part of the victim E(57 years old) driving, which was normally straight ahead of the above road in accordance with the straight line from the rear side of the Defendant’s vehicle, with the front part of the motor vehicle of the Defendant.

Ultimately, at around 15:17 of the same day, the Defendant caused the victim to die with scarcity damage in the emergency room of the H Hospital located in Seo-gu Daejeon, Seo-gu, Daejeon.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police report on traffic accident report to I on the defendant's legal statement, the history of the accident site, the photo of the victim, the body autopsy report, and the photograph of the victim in the accident scene, the photographic photo of the video of the victim in the accident scene

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. Article 62 of the Criminal Act:

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조

-형법 제268조

유사 판례

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-대전지방법원 2013.04.05 2012고단4656

-대전지방법원 2013.01.30 2012고정2107