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(영문) 청주지방법원 충주지원 2016.08.19 2016고단273

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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

On December 7, 2015, the Defendant is a person engaged in driving Cra-car, and the Defendant, at around 06:5 on December 7, 2015, made the two-lane roads in front of the intersection of the 344-lanes around the training community service center in Priju, to turn to the left at the speed of about 20 km from the 1st square of training city to the training elementary school at the speed of about 30 km.

Since the front door of the road was a private street crossing installed, there was a duty of care to prevent accidents in advance by safely driving the vehicle by safely driving the vehicle, such as reducing speed and operating the steering and brakes accurately, by taking into account whether there is a person walking the crosswalk.

Nevertheless, the Defendant neglected this and neglected to turn to the left at the above intersection and received the victim D (72 3,00) who was crossing the crosswalk from the right side of the running direction of the said vehicle to the left side from the right side of the said vehicle as the front part of the said vehicle.

Ultimately, the Defendant caused the victim to die due to the foregoing occupational negligence on December 21, 2015 at the Gan National University Woo-si Hospital (Seoul National University) to die due to brain death.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Investigation report and cross-section operational information;

1. Sending a comprehensive traffic accident analysis;

1. On-site photographs;

1. A death certificate;

1. Application of CCTV Acts and subordinate statutes on traffic accidents;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Determination of the types] traffic crimes, general traffic accidents, and Type 2 (Death, etc. of Traffic Accidents) (the scope of decision-making in the area of recommendation and the scope of sentencing recommended] basic area, August to June of the credit cooperative;

2. Consideration unfavorable to the sentence: The result of the death of the victim due to the instant traffic accident is serious;