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(영문) 청주지방법원 충주지원 2017.03.29 2017고단19
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 who is engaged in driving a car known to B.

On December 5, 2016, around 12:44 on December 5, 2016, the Defendant continued the intersection of “D” childcare center in front of “D” apartment in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, with the speed of about 27 km in the Si’s speed from the front door of the tree apartment management office.

At this point, there was a duty of care to prevent accidents by safely driving a motor vehicle driver by reducing speed and accurately manipulating the steering direction and operating the steering system, etc. while driving the motor vehicle with a view to preventing accidents.

Nevertheless, the Defendant neglected this and went through the above-mentioned intersection by negligence, and received the right side part of the bicycle driven by the victim E (82 tax) driving on the right side from the left side of the running direction of the said car as the front part of the said car.

Ultimately, the Defendant caused the death of the victim at G hospital located in the Cheong-si, Cheong-si, Cheong-si, Cheong-si, Cheong-si, Cheong-si, on December 6, 2016 due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Images by cutting each on-site photograph, each black stuff image, or a black stuff;

1. Application of Acts and subordinate statutes to death diagnosis certificates and photographs of deceased persons;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act unfavorable to the defendant: The fact that the defendant was negligent by failing to discover the victim who first entered the intersection due to the fact that the defendant had an obligation to take the front time and that the death of the victim occurred due to the crime of this case: The defendant recognized the crime of this case and reflects it; the defendant agreed to do so smoothly with the bereaved family members of the victim; and the motor vehicle driven by the defendant.

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