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(영문) 청주지방법원 2016.03.16 2015고단1873
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 vehicle BM520.

On September 30, 2015, the Defendant driven the said car at a speed of 50 to 60km per hour on September 30, 2015, and proceeded at a speed of 50 to 60km per hour on a two-lane road adjacent to D oil stations located in Kuwon-gu, Seo-gu, Seo-gu, Seo-si, Seo-si.

At the time, the Defendant was unable to take night time and the Defendant was not good enough, so in such a case, there was a duty of care to safely drive a motor vehicle in order to prevent accidents in advance by checking whether there was a person driving the motor vehicle to reduce the speed and to see well the right and the right and the right of the motor vehicle.

Nevertheless, the defendant did not neglect it and did not see the victim E (37) who has crossed the road to the right side from the left side of the running direction of the defendant's vehicle in Mapo-gu without permission, and had the victim go beyond the road by taking part of the victim's right bridge in front of the driver's seat of the vehicle driven by the defendant.

Ultimately, the Defendant caused the victim by occupational negligence to die with low-blood shocks caused by the damage of livers, etc. at the hospital of Chungcheongbuk-gu located in 776, Seo-gu, Seo-gu, Cheongju-si on October 1, 2015 at around 21:20.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident occurrence report;

1. A survey report on actual conditions;

1. A fingerprint appraisal statement;

1. A death certificate;

1. Application of field photographs and photographs statutes;

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. Scope of recommended punishment on the sentencing criteria: A general traffic accident in April to October of the credit cooperative.

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