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(영문) 전주지방법원 2018.12.18 2018고단1770
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of two years on June 24, 2017, for a violation of the Special Act on the Prevention of Insurance Fraud in the Daejeon District Court’s Support on June 16, 2017, and the judgment became final and conclusive on June 24, 2017.

[Criminal facts] The Defendant is a person engaging in driving a BD car.

On April 7, 2018, the Defendant driven the above vehicle at around 05:35, and driven the three-lane road in front of Ysan-gu C in front of the Jeonju-si at the time of the Jeonju-si along the two-lanes from D to the Spadong Spadong shooting distance.

At the time, a crosswalk is installed at night, and the speed of restriction is 60 km every hour, so there was a duty of care to safely drive a motor vehicle, such as checking whether there is a person who renders a vehicle driving service by complying with the speed of restriction and checking well the right and the right and the right and the right of the road.

Nevertheless, the defendant neglected this and did not discover the victim E (the 71-year old age) who dried the crosswalk from the left side of the direction of the defendant's course to the right side, and did not discover the victim E (the 71-year age old) who was standing on the left side of the defendant's vehicle, and had the victim go beyond the floor by taking the front side of the left side of the defendant's vehicle.

Ultimately, at around April 13, 2018, the Defendant caused the death of a victimized person at G hospitals located in Young-gu Seoul Metropolitan Government F on April 13, 2018 due to the foregoing occupational negligence by pressure on brain.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. On-site photographs;

1. An investigation report (related to the attachment of photographs by images of an accident and by cutting down the course);

1. A death certificate;

1. Responses to the results of requests for traffic accident analysis;

1. A report on investigation (speed of a vehicle);

1. Application of Acts and subordinate statutes to restricted speed signs photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor, the following circumstances, and other factors.

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