(영문) 청주지방법원 2015.02.05 2014고단1841

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(영문) 청주지방법원 2015.02.05 2014고단1841

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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

On November 16, 2014, the Defendant driven a LV car B as of 06:25 on duty, and proceeded at the speed from the underground side of the Yongam middle school, which is located in the city of Cheongju to the lower speed, along with one-lane distance from the underground road of the Yongsanam-do to the lower speed, and made the left turn at the intersection located on the front side and proceeded to the front intersection of the intersection. Since the signal, etc. is an intersection where the signal, etc. is installed, a person engaged in driving service has a duty of care to safely drive according to the traffic signal and prevent the accident in advance, but has violated the signal and left turn to the right at the speed of the straight line by failing to comply with the occupational duty of care to prevent the accident, while entering the intersection, and has received the front part of the front part of the upper part of the 124c c sc ice that the victim C (33 years old) driven in accordance with the straight route from the right side of the Defendant.

Ultimately, at around November 16, 2014, around 06:52, the Defendant caused the death of the victim due to serious brain damage at the Chungcheongnam-gu Hospital located in 776, Seo-gu, Seowon-gu, Seowon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs, such as a survey report on actual conditions, a corpse autopsy report, and an accident site;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that a vehicle of the accused is covered by a comprehensive motor vehicle insurance, that the victim's bereaved family members and the bereaved family members have agreed to provide relief immediately

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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