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(영문) 청주지방법원 2015.04.09 2015고단149
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for two years.

Reasons

Punishment of the crime

The Defendant is engaging in driving of C Costa Car.

On December 23, 2014, the Defendant driven the said car on December 22:05, 2014, and led the four-lane road in front of the “fixed food,” located in the direct jurisdiction of the Yeongi-gu, Yeongi-gu, Chungcheongnam-si, Chungcheongnam-si, to proceed from the direction of the dry field distance of the dry field.

Since there are crosswalks where signal lights are installed on the front door, in such a case, the driver of the vehicle has a duty of care to check whether there is a person who gets on a road by reducing the speed and by checking well the right and the right and the right of the road, and to drive safely in accordance with the new code.

Nevertheless, the defendant neglected this and caused the victim D (32 years old) who cross the above crosswalk to the right side from the left side of the running direction of the defendant to leave the above crosswalk to the public and caused the victim to go against the front glass part of the above car, by the negligence of violating and driving the vehicle stop signal as it is.

Ultimately, around 01:00 on December 24, 2014, the Defendant caused the victim to die due to brain damage at the Chungcheongnam-gu Hospital located in 776 as one circulation in Cheongju-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

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

1. Investigation report (Analysis of signal cycle chart);

1. A death certificate;

1. Application of Acts and subordinate statutes to accident sites, accident vehicles, and dead bodies;

1. Relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act / [Determination of type] Traffic Crime Group, Type 2 of General Traffic Accidents (Death, etc. of Traffic Accidents) / [Determination of the recommended field] increased area (where illegality in the proviso of Article 3(2) of the School Specialized Law is heavy] (the scope of the recommended sentence] / imprisonment without prison labor for one year to three years.

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