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(영문) 대전지방법원 천안지원 2017.03.31 2017고단48
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 of a high-speed motor vehicle C.

On November 7, 2016, the Defendant driven the above-mentioned vehicle around 06:30 on November 7, 2016, and led to the direction of the listing intersection from the direction of the direction of the direction of the two-lane road in the north-gu, Seoan City. D.

At the time, it is a new wall.

In this case, the driver of the vehicle has a duty of care to check whether there is a person crossing the road by reducing a speed higher than that of the ordinary road and by checking well the right and the right of the road, and to safely drive the vehicle in order to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and found the victim crossing the road at the right side of the left side of the road at late, and duplicated, but failed to avoid this, caused the victim to go beyond the ground by taking the front part of the motor vehicle of the Defendant.

After all, the Defendant caused the victim to die by the above occupational negligence at the emergency room in the Dong-gu, Nam-gu, Dong-gu, the same day, and caused the victim to die by the external shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The actual survey report and each photograph;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the case where the victim was negligent in the occurrence of traffic accidents or the expansion of damage even for the victim of the category 2 (the death of traffic accidents) in the area of special mitigation (two months to one year).

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