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(영문) 대전지방법원 공주지원 2019.01.11 2018고단474
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

around 18:49 on September 20, 2018, the Defendant driven a Bcopic car and proceeded one lane in front of the Cheongyang-gun, Chungcheongnamyang-gun at the speed of about 120 km from the Gun to the Cheongyang-si.

At the time, night and its place is 60km per hour, and crosswalks and senior citizens protection zones were located in the front, so there was a duty of care to safely drive the vehicle by complying with the speed limit and checking the right and the right and the right of the road.

Nevertheless, the Defendant neglected this and failed to find out that the victim D (n, 93 years old) crosses the crosswalk from the left side to the right side while leaving a speed exceeding 60 km per hour, and received the victim from the front side of the passenger car.

Ultimately, the Defendant caused the victim's death by occupational negligence at the emergency room of the Cheongyang Military Health and Medical Services Center located in the 54-ro 7-gil, Mayang-gu, Cheongyang-si, which was under the follow-up treatment at around 19:14 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, actual condition investigation report;

1. A death certificate;

1. Application of the Acts and subordinate statutes on blackbox CDs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and reasons for sentencing of imprisonment without prison labor

1. Where the illegality in the basic area (from August to two years) (special mitigation) (excluding special mitigation) of the basic area (excluding persons under special mitigation) of types of traffic accidents in the proviso of Article 3 (2) (excluding subparagraph 8) of the Special Class of the School Traffic Act is serious;

2. The fact that the defendant erred in the decision of sentencing, and that the victim's bereaved family members agree with the victim is favorable.

However, at night, the defendant needs to pay attention to securing the view, while he or she gets at a crosswalk with a speed exceeding 60km.

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