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(영문) 청주지방법원 2016.03.24 2015고단2012

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

On November 12, 2015, the Defendant, who is engaged in driving B 400cc Oba, driven the above Oba on the 19:15th day of November 12, 2015, driven the 3-lane road in front of the second apartment in the 31th day of Cheongju-si, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju-gu, Seoul, at a speed of about 50km per hour in accordance with the two-lanes from the 2nd side of Cheongju-gu to the jurisdiction of the Cheongju-gu fire department.

At night, she was placed at the night Dozz, and the vehicle on-and-off signal and crosswalk are installed at the front door, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent traffic accidents by checking whether he/she has a person, who is engaged in driving the motor vehicle, by properly operating the operation of the operation and steering gear, and by properly operating the operation of the operation and steering gear.

However, the defendant neglected to do so and tried to overtake prior vehicles and change them into a one-lane, and then found the victim C(45 years old) who dried the crosswalk to the right side from the right side of the defendant Otoba in the direction of the proceeding of the defendant Otoba, and immediately operated the crosswalk, but did not stop, the victim's body gets out of the front part of the above Obaba, and had the victim go beyond the road.

Ultimately, the Defendant caused the death of the victim by occupational negligence on November 23, 2015: (a) around 20 on November 15, 2015; (b) at the E hospital located in the area of Cheongju-si, a considerable amount of Cheongju-si, resulting in the death of the victim as brain livers due to the acute bladrosis

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 with regard to F;

1. Application of Acts and subordinate statutes to the survey report and death certificate;

1. The relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor) do not have the same criminal record for the defendant, and the defendant shows an attitude against his/her mistake.

However, the occurrence of the instant accident results in the death of the victim.