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(영문) 청주지방법원 2015.07.03 2015고단448
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:40 on March 9, 2015, the Defendant, who is engaged in driving C observer car, driven the said car at a speed of about 10 to 20 km per hour from the surface of the new service distance to the surface of the door gate in the new service distance, driving the said car at a speed of about 10 to 20 km.

Since there is a bus stop, there is a duty of care to prevent accidents by putting on a person engaged in driving service and accurately manipulating the operation and steering gear of the motor vehicle.

Nevertheless, the Defendant did not discover the victim D(89 years of age) who was unauthorized to cross the road from the side of the Daesung Middle School, which was lowered from the time-off bus due to occupational negligence, while neglecting this, and did not find out the victim D(89 years of age) and shocked the victim with the part above the right side of the car of the Defendant.

Ultimately, around 00:02 on March 15, 2015, the Defendant caused the death of the victim due to the symptoms of low heart gambling at the Hanyang University Hospital located in 222-1, Seongdong-gu Seoul, Seongdong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, photographs of the scene and vehicles involved, and death certificate;

1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission on the grounds of suspended sentence under Article 62 (1) of the Criminal Act: The defendant is driving his/her vehicle in accordance with the sentencing guidelines of the Sentencing Commission on the grounds of suspended sentence.

Although it caused a traffic accident due to negligence of neglecting the duty of Jeonju City, etc., the death has occurred, it crosses the two-lane road without permission.

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