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(영문) 청주지방법원 2019.07.05 2019고단963
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

except that the execution of the above punishment shall be suspended for two years 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 BM3 car.

On December 12, 2018, the Defendant driven the above car at around 06:05, and proceeded the three-lane road in front of the D station located in the petition Gu C at the Cheongju-si. At the Cheongju-si, the Defendant driven the D station at the seat of the E elementary school into the private distance of the Cheongju-si Hospital.

At the time, the person who is engaged in driving of the motor vehicle had a duty of care to prevent accidents by accurately manipulating the front door and the left door and the left door, and in such a case, the person engaged in driving the motor vehicle had a duty of care to prevent accidents.

Nevertheless, as the defendant neglected this and neglected to do so, the victim F (the age of 58) who crosses the crosswalk from the right side to the left side of the road in the direction of the defendant's proceeding was taken the front front of the driver's car.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the hospital of Chungcheong University located in 776, Seo-gu, Seog-gu, Seog-gu, Seog-gu, Seog-gu, Seog-gu, 06:25 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on the occurrence of a traffic accident, an accidentmer and a report on a traffic accident;

1. Application of Acts and subordinate statutes to each photograph and death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act,

1. The reason for sentencing under Article 62(1) of the Criminal Code Article 62(1) of the suspended sentence is as follows: (a) one lane of the three-lane roads of the defendant.

The result of the victim's death was caused by the accident.

The defendant's negligence is recognized in light of the characteristics of the scene, such as weather at the time of the accident and the vehicle speed of the defendant, road conditions or conditions, road brightness, etc., and the distance after the shock of the victim.

However, the defendant is placed in his own name.

A pedestrian crossing shall be unreasonable.

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