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(영문) 대전지방법원 천안지원 2017.01.24 2016고단1736
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 motor vehicle with gender C.

On August 7, 2016, the Defendant driven the above car at around 10:00, and proceeded at the speed of about 40 km from the side of the Sung-gu, Seongbuk-gu, Seongbuk-gu, Sungdong apartment road, which is located in the 103rd of the Sung-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu.

In such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in front of the crosswalk in order to prevent the accident by safely driving the motor vehicle, such as temporarily stopping in front of the crosswalk, so as not to obstruct the passage of the motor vehicle or endanger the safety of the motor vehicle, after checking whether there is a person driving the motor vehicle, who is in charge of driving the motor vehicle.

Nevertheless, the defendant neglected to do so and did not confirm whether there is a person to build a road without looking well, and found it late to find the victim D (82 3) who cross the above crosswalk to the right side from the left side, and operated it to avoid this, but the defendant was faced with it, and turned it over to the right side of the defendant's car.

The injured party thereby caused the blood transfusion from an external wound, which had no address in the two markets, and died on August 11, 2016 at a single university hospital in South-gu, South-gu, South-gu, East-gu, where 201 had been provided medical treatment.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Reporting of a traffic accident (1);

1. Reporting on the occurrence of a traffic accident;

1. On-site map;

1. Application of statutes on the site and photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the scope of recommended punishment) are general traffic accidents.

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