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(영문) 청주지방법원 2020.11.24 2020고단300
교통사고처리특례법위반(치사)
Text

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

However, 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 B-learning car.

At around 20:50 on January 13, 2020, the Defendant driven the said car by driving the said car at a single-laned road of Young-gu, U.S., Young-gu, U.S., U.S., 96, U.S., and continued to run the said car at the c apartment protection zone from the territorial intersection.

At the time, at night, a sidewalk is installed on the right side of the road, so in such a case, there was a duty of care to look at the front side and the left side of the vehicle and to prevent accidents by accurately manipulating the brake system.

Nevertheless, the defendant neglected this and went beyond the right side of the road, which was driven on the front side of the defendant's running direction, and the chest side of the victim D (the age of 62) who was used on the front side of the road.

Ultimately, at around January 13, 2020, the Defendant caused the victim's death due to the above occupational negligence due to the cage at the Cheongju-si Hospital located in 776, Seo-gu, Seowon-gu, Seowon-gu, Seowon-gu, 1 cycle 1 cycle of 1, 2020.

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. Visual CDs, booms images, cut photographs, and site photographs;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Article 62 (1) of the Criminal Act;

1. As seen in the video, etc. of the video CDs with the reason for sentencing under Article 62-2(1) of the Social Service Order Act, the Defendant neglected his duty of care at the time of the instant traffic accident. As a result, the Defendant caused the instant accident that was committed against the victim without discovering the victim who was used on the front road.

As such, due to the neglect of the duty of care of the defendant, the result of the death of the victim occurs, and the responsibility for the crime is heavy.

On the other hand, the victim's negligence also causes a traffic accident.

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