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(영문) 대전지방법원 2018.08.16 2018고단2072
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

Around 06:55 on January 19, 2018, the Defendant driven a cargo truck of B 1 ton on the part of the Defendant’s cargo vehicle, and proceeds from a two-lane course in front of the Bosular high school located in Samsung East-dong, Daejeon, along the two-lane one lane, from the present rocks, the Defendant: (a) caused the death of the Defendant by a low blood alcohol shock in the front of the Bosular Hospital of Daejeon, provided that the Defendant was negligent in failing to exercise the duty of care to perform the duties to perform in front of the crosswalk; (b) caused the Defendant to take the victim C ( South, 66 years old) who was a bicycle on the left side of the Mascedle at the front part of the Defendant’s cargo vehicle; and (c) caused the death of the Defendant from the low blood alcohol shock in the front of the Boscopian University at around 00:19 of the following day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A death certificate;

1. Application of Acts and subordinate statutes to survey reports, photographs, and traffic accident analysis reports;

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. The defendant's age, occupation, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and the conditions of various sentencing as shown in the argument of this case shall be determined as ordered by taking into account the following circumstances under Article 62-2 of the Criminal Act, and other circumstances under the reason of sentencing.

D. Unfavorable circumstances: The accident that occurred due to the violation of the duty of the front-time watch and the duty of the safe driving is due to the degree of fault of the defendant, the conditions favorable to the result of the crime: The confession of the victim and the victim's death; the victim's mistake is against himself/herself; there is no criminal punishment more than fines; the Defendant's driver's vehicle is covered by a comprehensive insurance; the victim's bereaved family members and the victim's bereaved family members and the victim's family members

held

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