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(영문) 대전지방법원 2017.04.20 2017고단507
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

The Defendant is a person who is engaged in driving a rocketing car.

On December 24, 2016, the Defendant came to turn to the left at the distance of the Jinsung-gu, Jinsung-gu, Daejeon, Daejeon, about 06:0 on December 24, 2016, while proceeding one-lane from the four-lane parallel to the four-lane parallel from the direction of the Yinong-gu.

Since there is an intersection or crosswalk where a signal, etc. is installed, in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle, such as checking the right and the right of the front side, driving the motor vehicle, and checking whether there is a person driving the road on the crosswalk, and to prevent the accident from spreading.

Nevertheless, the Defendant neglected this and neglected to turn to the left in violation of the signal, and received the victim D (the 78 years old) who dried the crosswalk from the left-hand side of the proceeding to the right-hand side in accordance with the pedestrian signals and received the victim D (the 78 years old) from the Defendant’s front part of the above car.

Ultimately, due to the above occupational negligence, the Defendant caused the death of the victim in the same occupation due to two colonies, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H, and E;

1. A death certificate;

1. The application of Acts and subordinate statutes to a traffic accident report, a photograph of a household-related vehicle, a scene photograph of an accident, a victim's photograph, an investigation report, and a response to a signal cycle signal signal (the mountainside 4, the

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following circumstances shall be determined by comprehensively taking into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc. and the conditions of various sentencing as shown in the instant pleadings.

This case is a disadvantageous condition.

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