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(영문) 청주지방법원 2019.06.18 2019고단764
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

On March 16, 2019, around 03:40 on March 16, 2019, the Defendant driven Cmer truck truck truck truck truck trucking vehicle in front of B in front of Yongsan-gu, Chungcheongnam-do, and proceeded to turn to the left at D elementary school from the direction of Yongsan-dong.

At the time, the above distance intersection was at night and the above distance intersection was controlled by the signals, and thus, the defendant, who was engaged in driving service, had a duty of care to properly operate the steering and steering system in accordance with the signals and to proceed with it in a safe way.

Nevertheless, the Defendant neglected this and proceeded to turn to the left without properly examining the right and the right and the right and the right and the left in contravention of the straight-line signal as above, and brought the front part of the victim E(the age of 34) driving fGSX1300 R, which proceeded to the above intersection from the ample on the direction of the Defendant’s running to the amba-dong along the above intersection, with the front side of the above cargo vehicle.

At around 03:59 on March 16, 2019, the Defendant caused the victim to die by an occupational negligence with symptoms other than the two severe symptoms during treatment at a H hospital located in G located in the Cheongju-gu, Cheongju-si, Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

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

1. Application of Acts and subordinate statutes concerning photographs, death certificate, body photographs, and black stuff photographs of witness vehicles at the scene of an accident;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the Defendant, by operating a vehicle in violation of the signal, led to the victim’s mispercing the victim’s normally proceeding under one’s own name and the death.

At the time of the accident, the victim was young young young people who were 34 years of age, and the mother of the victim was different from her husband and the victim.

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