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(영문) 청주지방법원 2018.05.31 2017고단2284
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 EXS car.

On September 4, 2017, the Defendant, around 11:40, had a private distance crossing, located on 112, the Magcheon-gun, Magcheon-gun, Magcheon-gun, Magcheon-gun, the Magcheon-gun, the Magcheon-gun, the Magcheon-do Office run toward the cafeteria.

There are no signals, so, it is a private-distance intersection where traffic control is not carried out. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as putting the front door and left door, accurately operating steering devices and brakes, and temporarily stopping the steering system before entering the intersection.

Nevertheless, the victim D(82) driving the above intersection to the port side on the right side of the defendant's running direction by negligence that has not gone to the right side without neglecting this, and without having gone to the right side, received the front part of the victim D(82) with the front part of the above car operation.

Ultimately, at around 00:49 on September 5, 2017, the Defendant caused the said victim’s death by the occupational negligence as above, by a G hospital located in Jincheon-gun F of Chungcheongnamcheon-gun, Jincheon-gun.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Protocol of inspection;

1. On-site photographs and photographs of accidents;

1. The defendant and his defense counsel asserted that the defendant and his defense counsel first entered the intersection before and after the ruling, and the accident occurred by entering the rapid speed of the damaged soil and the accident.

According to the appraisal result of the National Science Investigation Agency, the defendant's vehicle passed the stop line to the intersection in the judgment above the damaged Orala, and the speed prior to the collision of the defendant's vehicle is about 3.32 km at the time, and the speed of the damaged Orala is about 45.14 km at the speed, while the defendant was driven by the defendant at a speed of about 45.14 km at the time.

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