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(영문) 청주지방법원 2016.10.11 2016고단45
교통사고처리특례법위반
Text

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

except that 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 a person engaging in driving a ready-light vehicle C.

On November 17, 2015, the Defendant driven the above car at around 18:05, and moved to a right bypassing it from the 206 parking lot located in the Seo-gu, Seogwon-gu, Seogwon-si, Seowon-si, Seowon-si, the apartment site 207, the 206-dong parking lot at the 206-dong parking lot.

Since it is a frequent apartment complex with frequent passage of people and at the time, there was a duty of care to safely drive a steering person by accurately manipulating the steering system and the steering system.

Nevertheless, the Defendant neglected this and neglected to discover the victim D (the 90-year old age) who was seated on the road front of the direction of the Defendant’s running in the front direction by negligence and neglected to do so, thereby becoming the victim with the part of the front part of the said car.

Ultimately, at around November 17, 2015, around 18:59, the Defendant caused the death of the victim due to damage to the pleastal plea at the Chungcheongnam-gu Hospital located in 776, Seo-gu, Seowon-gu, Seowon-si.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. The actual survey report and on-site photographs;

1. A death certificate;

1. Application of CCTV-related Acts and subordinate statutes;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In general traffic accident case where there is considerable negligence on the occurrence of traffic accidents or expansion of damage to the victim (special mitigation) within the area of special mitigation (two to ten months) (special mitigation) (including efforts to recover damage), the decision not to punish the victim (including voluntary efforts to recover damage) [the decision of sentence] is the first offender of the defendant, the victim is more severe than the victim's negligence, the victim's bereaved family members and the victim do not want to be punished by mutual agreement.

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