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(영문) 대전지방법원 홍성지원 2016.12.23 2016고단740
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year 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 CMW car.

On August 25, 2016, the Defendant driven the above car at a speed of about 80 km from the budget room to the red slope, depending on the two-lanes in front of the budget nationalization test site, which is located in the west-gun, the west-gun.

At that time, it was difficult to secure the view at night, and there was an intersection and bus stop at the front side of the accident point, and there was a sign that reduces the speed, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to safely proceed by examining whether there is pedestrians, etc. crossing the road while living well on the front side and the right side of the motor vehicle.

Nevertheless, the defendant neglected this and got the victim D (the age of 57) who crosses the road from the right-hand side to the left-hand side of the vehicle into the front-hand part of the vehicle.

Accordingly, the Defendant caused the death of the victim due to the above occupational negligence, such as the suspension of cardiopulmonary function, the suspension of crypus and crypusus flus, while he transferred the victim to the F Hospital located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, in around 22:08 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident and the report on a traffic accident;

1. Application of statutes to on-site photographs and death diagnoses;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 2 (Crime of Death of Traffic Accidents) (Special Mitigation) [Special Mitigation] In the area of mitigation (Article 4-1) (Article 62 (1) (Article 62 (1) of the Criminal Act), and records, such as the following circumstances and the defendant's age, character and behavior, environment, circumstances before and after the instant crime, circumstances before and after the instant crime, etc.

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