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(영문) 대전지방법원 2017.06.14 2017고단726
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle of the United States C. C.

On December 4, 2016, 11:08 around 11:08, the Defendant moved to the right-way of about 37 km at the speed, along that three-lane distance from the apartment on the side of the G Hospital, in front of the East-dong, Sungnam-dong apartment, Sungnam-dong, along that three-lane.

Since signal lights are installed on the front side of the entrance, the person engaged in the vehicle driving has a duty of care to live well on the front side and drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and found out the victim F (69) who passed the crosswalk from the right side of the pedestrian crossing to the left side due to the negligence of driving the bicycle as it was, and immediately passed it. However, the Defendant did not avoid it, but did not go to the front part of the Defendant’s vehicle, and did not go to the ground by taking the front part of the victim’s left side.

Ultimately, on December 8, 2016, the Defendant caused the death of the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A death certificate;

1. Application of the statutes of the response request for appraisal;

1. Circumstances unfavorable to the reasons for sentencing under Article 3(1) of the relevant Act of criminal facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act: The punishment imposed on the defendant is inevitable in light of the above circumstances, and the sentence is to be imposed on the defendant once again, on the part of the victim, for the following reasons: (a) the degree of the defendant's negligence is serious; (b) the victim's bereaved family is not agreed upon; (c) the victim's bereaved family members are in favor of the two times of the crime of drinking driving; (d) the fact that the victim has been admitted to a comprehensive motor vehicle insurance; and (e) the victim's bereaved family members have deposited KRW 20 million.

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