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(영문) 청주지방법원 충주지원 2017.11.14 2017고단763

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 8, 2017, the Defendant driven D 4.5 tons of cargo vehicles around 15:00 and proceeded directly from the Haju middle school at about 46 km at the speed of about 32 km, along the two-lanes near the three-lane radius in front of the apartment door, according to one lane towards the law from the Haju middle school.

In that place, a crosswalk with a yellow on-and-off signal, etc. installed on the front door, and in the surrounding apartment area with frequent pedestrian traffic, the crosswalk was frequent. Therefore, a driver of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely by reducing the speed of the motor vehicle on the front door and right door, and by making a close examination as to whether there is a person who sprinks the crosswalk.

Nevertheless, the defendant neglected such duty of care and proceeded with the right side of the cargo but continued without finding the victim E (8 ) who was crossing the above crosswalk from the left side of the running direction of the above cargo vehicle and proceeded with without finding the victim E (8 ). The defendant continued to proceed without the Dong and proceeded with the victim with the right side of the above cargo vehicle even though he got the victim from the front side of the above cargo vehicle.

Ultimately, the Defendant caused the death of the victim by the above occupational negligence at the Won-si 17:13 Won-ro 20, Won-si, Seoul-si 17:13 on the same day.

Summary of Evidence

1. Statement by the police concerning F of the defendant's legal statement 1F;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. On-site photographs of traffic accidents;

1. A screen of a vehicle boomed image at the time of the accident;

1. A death diagnosis report, a photograph of the deceased or the deceased, and a postmortem report;

1. The register of chassiss and driver's licenses of motor vehicles;

1. The application of Acts and subordinate statutes to each investigation report (in accordance with the report of investigation, confirmation of black stuffs image, and attachment of identical power records) (in accordance with the driving records of vehicles, the application of the report of investigation;

1. The relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents;