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(영문) 대전지방법원 2018.07.12 2018고단1671
교통사고처리특례법위반(치사)
Text

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

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

The Defendant is a person engaging in driving vehicles C.

On April 7, 2018, the Defendant, at around 17:17, had the intersection in front of the Daejeon Seodong-gu, Daejeon, e.g. 72, to turn to the left from the direction of the transmitting elementary school at the intersection. In such cases, there is a crosswalk where there is no signal, etc., so in such cases, the Defendant had a duty of care to check whether a person engaged in driving service had a duty of care to reduce the speed, to check whether there is a person living well before and after the road, and to drive safely.

Nevertheless, the defendant neglected this and proceeded with the victim D who crossed the crosswalk in front of the defendant's vehicle by negligence, and caused the victim D to go beyond the front part of the defendant's vehicle.

Ultimately, the Defendant caused the victim to die by occupational negligence on April 9, 2018 at the University Hospital of the Republic of Korea located in the Seo-gu Daejeon, Seo-gu, Daejeon on April 9, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A death certificate;

1. The application of Acts and subordinate statutes for the report on traffic accidents and the report on internal investigation;

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 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following circumstances shall be determined by comprehensively taking into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc. and the conditions of various sentencing as shown in the instant pleadings.

Unfavorable circumstances: The degree of negligence of the defendant is not weak due to an accident that occurred due to a violation of the duty of the front-time watch and the duty of the safety driving, and the normal conditions favorable to the result of the crime due to the death of the victim: the confession is against his mistake, the first crime without criminal punishment, and the driving of the defendant.

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