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(영문) 청주지방법원 2019.08.22 2019고단1109
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

On March 25, 2019, at around 05:37, the Defendant driven a three-lane road in front of C in Seowon-gu, Seowon-si B, Seowon-si, and Dcopic left-kick vehicles, driving at a speed of about 55 kilometers per hour from the shooting distance, along the two-lanes of the above road.

At the time, the above road was installed at night and the crosswalk was installed on the front side of the road, so the defendant engaged in driving service had a duty of care to care in driving in a safe way by properly operating the steering gear and the steering gear.

Nevertheless, the Defendant neglected to do so and did not immediately stop the front door, and proceeded with it without timely restraint, and the body length of the victim E (W, 80 years old) who illegally crossed the above crosswalk from the left side of the Defendant’s moving direction to the right side of the driver’s seat of the above vehicle.

At around 17:35 on the same day, the Defendant caused the victim to die with cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrala at the Cheongwon-gu Hospital located in 776, Seo-gu, Seo-gu

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A traffic accident analysis report;

1. A death certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. The Defendant’s age, character and conduct, and circumstances before and after the crime are committed under Article 62(1) of the Criminal Act, including the following: (a) recognition of the crime of sentencing under Article 62(1) of the suspended sentence; (b) the bereaved family members agree with the victim’s bereaved family members and thus are not subject to the Defendant’s punishment; (c) the victim’s negligence competes with the mutual aid association; (d) the occurrence of an accident; and (e) there is no record of criminal punishment after 2004; and (e) the victim’s death and is disadvantageous to the Defendant.

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