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(영문) 청주지방법원 2014.11.06 2014고단1160
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 engaged in driving a C-Scar car.

On June 9, 2014, around 00:28, the Defendant continued to drive a road of 15-lane 501, 501, 501-gil-ro, 130-dong, Seocheon-gu, Chungcheongnam-gu, Chungcheongnam-si, and the three-lane side of 130-dong, along two-lanes to the new service distance from the string distance. At night and at night, there are crosswalks where signal lights are installed at the front. In such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new subparagraph after checking whether there is a person driving a motor vehicle to reduce the speed and to look well at the front side and the right and the right of the motor vehicle.

Nevertheless, the defendant neglected this and found the victim D (53 years old) who cross the crosswalk from the right side to the left side by neglecting and proceeding it as it is, according to the pedestrian signal at the time when the vehicle's progress is stopped, and was operated rapidly to avoid this, but the defendant did not avoid it, and caused the victim to be used on the floor by shocking the fronter and front glass part of the vehicle's driving.

Ultimately, at around 09:10 on June 21, 2014, the Defendant by occupational negligence caused the death of the victim from the Macong University Hospital located in 776, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, 1 cycle.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report and a report on each traffic accident;

1. A death certificate;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order (determination of type) is the traffic crime group, the general public.

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