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(영문) 청주지방법원 2016.02.01 2015고단1598
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 engaged in driving a radar car.

On May 31, 2015, the Defendant driven the above car at around 06:20, while driving the car at around 06:20, and driving one lane in circulation of the three-lane of the two-lane, which is located in the opening of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, in mountain, along the two-lanes of the opening distance.

At all times, there is a duty of care to prevent accidents by accurately manipulating the steering area and the steering direction and the steering system of the motor vehicle, because there is a possibility for pedestrians to move on the roads where apartment and buildings are located in the vicinity.

Nevertheless, the defendant neglected this and proceeded without permission from the right side of the defendant's proceeding to the left side of the defendant's vehicle C(77).

Ultimately, the Defendant caused the death of a victim due to the above occupational negligence at the Chungcheongnam-gu University Hospital located in 776, Seocho-gu, Cheongju-si, 10:4 on the same day due to severe brain death and pulmonary pulmonary death.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a detailed statement of report 112;

1. Application of Acts and subordinate statutes to the scene of an accident, vehicle photograph, body photograph, and death certificate;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The recommendation [the scope of the recommended punishment] on the sentencing guidelines and the scope of general traffic accidents shall be the mitigated area (four months to ten months) (including the person subject to special mitigation) (including the advanced efforts to recover damage);

2. The crime of this case by which the sentence of sentence was rendered is serious as a result of the crime, which led to the impulse and death of the victimized person by negligence in driving.

However, it is partly responsible for the expansion of damage to the victim crossing the road in a place other than the crosswalk.

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