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(영문) 청주지방법원 2014.11.21 2014고단1227
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

On August 28, 2014, around 15:50, the Defendant driven a 117-lane in front of the Hanbaun apartment late in the Han-gu, Cheongju-gu, Cheongju-gu, Cheongju-gu, Cheongju-ro, 15:50, a 25-person car in front of the Hanbaun apartment, leading to driving at the speed of 60 km in the direction of the jug apartment in the direction of the jug apartment.

Since there is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to safely drive in accordance with the signals.

Nevertheless, the Defendant neglected this and found out the victim G (gly, 7 years old) who is crossing the right side of the Defendant’s vehicle direction from the right side of the road in accordance with the pedestrian’s progress signal at the end of the road crossing when the Defendant was negligent in the course of his duty, disregarding the stop signal and passing through the intersection as it is, but failed to stop.

그로 인하여 피고인의 차량 조수석 앞부분으로 피해자의 몸을 충돌하여 그 충격으로 피해자가 앞으로 튕겨나가 도로상에 쓰러지게 하고, 피고인이 오른쪽으로 진로를 변경하여 진행하다가 뒷바퀴로 피해자를 역과하여 두부손상으로 그 자리에서 사망하게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. The actual condition survey report;

1. On-site photographs and carcass photographs;

1. Application of Acts and subordinate statutes on site video CDs;

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

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing: Vehicles operated by the defendant are subscribed to the bus mutual aid association and are not good in the health of the defendant;

In agreement with the bereaved family members of the victim, they expressed their intention that they would not want punishment.

However, the defendant's crime caused the death of a child walking the crosswalk according to the new code, and there is no error in the victim, and the defendant's act was done.

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