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(영문) 청주지방법원 2016.03.16 2015고단1817

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a sports car even in the field B.

On September 25, 2015, the Defendant driven the above car around 19:40, and proceeded at a speed of about 60 km from the surface of the Korean hospital to the speed of about 50 km at the speed of 50 km in the front side of the Jin apartment, which is located in a short speed of 55 square meters at the city of Cheongju-si.

At the time, it was difficult at night and there was a crosswalk where signal lights are installed at the front of that place. In such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle was a person to reduce speed and to see well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle in order to prevent the accident in advance.

Nevertheless, the defendant did not neglect it and did not see C(W, 86 years old) who cross the vicinity of the crosswalk to the right side from the left side of the passenger vehicle driving direction of the defendant's person, but did not go beyond the damaged person on the road by taking part of the front part of the passenger vehicle driving by the defendant's front part of the victim's right side.

As a result, the Defendant caused the victim to die by his occupational negligence on the same day at a university hospital of Chungcheongbuk-gu located in 776, Seocho-gu, one circular-gu, Cheongju-si, and seven hundred and seventy-six (776).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. A death diagnosis certificate (C);

1. Application of Acts and subordinate statutes governing field photographs, photographs of the deceased, and black stuffs image photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of applicable sentences under law: One month to five years of credit cooperatives;

2. The sentencing guidelines shall be recommended; and