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(영문) 대전지방법원 2018.09.17 2018고단2396
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 the third cargo vehicle B.

On May 14, 2018, at around 05:00, the Defendant proceeded at a speed of about 70km per hour, depending on the two lanes between E and F-sections, along the intersection of D (D) in front of the Seo-gu Daejeon, Seo-gu, Daejeon.

At the time, since it was night and open, there was a duty of care to safely pass through the intersection by reducing the speed and thoroughly manipulating the front door, and properly manipulating the operation and steering gear.

Nevertheless, the Defendant neglected to do so and neglected to do so, and instead neglected to do so, received from the left side of the front bank the right side part of the victim G (80) who dried the crosswalk in violation of the pedestrian signal from the right side of the front bank, to the front side of the said cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence from the emergency department of the I Hospital located in the Seo-gu Daejeon District of Daejeon, where the transfer fee was paid at around 05:42 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes to investigation reports and traffic accident analysis and appraisal reports;

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] The ground for sentencing under Article 62(1) of the Act on the Suspension of Execution where the victim was negligent in the occurrence of traffic accidents or the expansion of damage in the area of special mitigation (two months to one year) [the special mitigated person] [the victim]. The defendant's failure to punish [the decision] resulted in an excessive result in the defendant's death of the victim due to his neglect in the front bank, but there was negligence of unfairly crossinging the victim to the victim, the fact that the victim was covered by the comprehensive motor vehicle insurance, the fact that the victim was covered by the victim's bereaved family members, and other reasons attributable to

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