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(영문) 대전지방법원 천안지원 2016.08.11 2016고단1022
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 engaged in driving a car with X-gu.

On February 16, 2016, the Defendant driven the above car at around 16:35, and driven the road of three-lanes in front of the “E cafeteria” located in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-si.

It is a place where signal apparatus and crosswalk are installed in the front door. In such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the crosswalk by checking whether there is a pedestrian or not.

Nevertheless, the defendant did not discover the victim F (87 Do) who cross the right from the right side of the defendant's proceeding direction to the left by negligence that neglected the above duty of care and neglected the duty of care as above, and did not discover the victim F (87 Do) and had the victim's body go beyond the ground floor with the front part of the above car.

Ultimately, the Defendant’s negligence on April 22, 2016, caused the death of the H convalescent Hospital G located in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I in the police statement protocol;

1. Entry of the traffic accident report;

1. Statement and image of the traffic accident report;

1. Each description of a death certificate (F) medical opinion, etc. and a postmortem report;

1. Application of each film-related statute to images of vehicles outside the scene of the accident, such as photographs and images of the changeer;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (including the circumstances favorable to the following grounds for sentencing);

1. Scope of punishment by law: Not less than one month but not more than five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of decisions] traffic crimes, and the type 2 (the death of traffic accidents) from among the general traffic accidents.

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