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(영문) 대전지방법원 2020.06.04 2020고단1691
교통사고처리특례법위반(치사)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B mother car.

On March 2, 2020, the Defendant operated the said car on March 15:12, 202, and was negligent in the course of violating the signal while bypassing D’s shooting distance in front of the Daejeon Dong-gu, Daejeon from Samsung F&M to the front intersection, and received the body parts of the said car as part of the fronter of the said car, such as the Plaintiff E (W, 63 years old), which was crossing from the right side of the said car, to the left side, according to pedestrian signal.

Ultimately, the Defendant caused the death of the victim from cerebrovascular by traffic accident at G Hospital located in Daejeon Jung-gu, Daejeon on March 3, 2020, around 14:43.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes, such as a traffic accident inspection report, accident site photograph, booming screen, and death diagnosis report;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: Imprisonment without prison labor for not more than five years;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. The victim died after the following day due to the instant traffic accident of which the sentence of sentence was rendered.

The victim had a pedestrian crossing in accordance with the new subparagraph, so there is no fault on the part of the victim.

Although the result is significant, the defendant's bereaved family members have agreed to pay money to the victim's bereaved family members and submit a written application for coal seeking the preference of the defendant, there is no criminal power except that the defendant has been punished once by a fine for a crime of different species before 15 years, and the defendant's negligence.

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