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(영문) 청주지방법원 2016.04.26 2015고단1965

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

On October 22, 2015, the Defendant driven D-Apurburon car around 20:10, and proceeded at a speed of about 50 to 60km each hour on the two-lane road in front of the F-E in Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-si, with two-lanes from the home-flusing side to the home-flus side of the Chungcheong university.

At the time, it was difficult at night, and there was a signal signal, etc. by a private street crossing. Therefore, the driver had a duty of care to check whether there was a person who gets on the way to reduce speed and see the right and the right and the right and the right and the right and the right and the duty of care to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed even though the signal is changed to the stop signal, and the Defendant, from the right right side of the running direction of the Defendant’s vehicle to the left side of the road, brought the victim G (W, 16 years old) who crossed the crosswalk to the left side of the crosswalk in accordance with the pedestrian name, was the front part of the vehicle driving by the Defendant, and got damaged by the victim’s left side part of the victim’s body.

Ultimately, at around November 16, 2015, the Defendant caused the death of a victim who was receiving treatment at the Chungcheongnam-gu University Hospital located in 776 circular-ro, Seocho-gu, Cheongju-si on November 16, 2015 due to the foregoing occupational negligence due to the suspension of cardiopulmonary function due to the increase in two pressures.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report, on-site photographs, etc.;

1. A criminal investigation report, a witness's mail, a photograph of cutting-off of booms images (H), a witness's next inquiry, and a video of booms (I);

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor [the scope of sentencing guidelines recommended] types 2 of general traffic accidents (the scope of punishment recommended]. (1) year to 3 years (special mitigation (a person who is a special mitigation). (2) The illegality of the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is heavy.