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(영문) 청주지방법원 2016.04.01 2015고단2058
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 car.

On November 20, 2015, at around 05:54, the Defendant proceeded along the intersection of private distance near E located in the petition district in the Cheongju-si, Cheongju-si, according to the two-lanes of the petition from the Myeongsan elementary school to the petition elementary school.

Since the location was the intersection where signal lights and crosswalks are installed, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle after complying with the traffic signal and checking whether there is a pedestrian prior to the entry of the crosswalk, and thereby preventing the accident by proceeding safely.

Nevertheless, the defendant neglected this and went beyond the road due to the negligence that violated the signal and proceeded on the crosswalk as it is, according to the defendant's direction's direction of passage, the victim F, who dried the crosswalk from the right side of the road, to the left side of the above SM5 car.

Ultimately, the Defendant caused the death of the victim at the H hospital located in the petitioner Gu G on November 20, 2015 due to the occupational negligence as above, due to the diversification of the victim, etc. at the H hospital located in the petitioner Gu G at the time of Cheongju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. CDAs (box stuffs images, gas station CCTVs);

1. Application of Acts and subordinate statutes to death certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture [the scope of recommended punishment] In general traffic accidents, the order is issued by taking into account the following circumstances: (a) the mitigation area (4 to 10 months); (b) the punishment of the person subject to special mitigation [including his/her efforts to recover damage], and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

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