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(영문) 청주지방법원 충주지원 2016.09.09 2016고단419
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of a motor vehicle with sod motor vehicle B.

On April 12, 2016, the Defendant driven the above car on April 21, 2013, and proceeded with the road of 229-lanes in the Chungcheong City, one-lane, one-lane from the training elementary school to the modern securities from the training elementary school.

At the time, it was difficult to view the front door at night, and there was a crosswalk in which no signal, etc. is installed at the front door of that place, so there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as reducing the speed for those engaged in driving, checking whether there is a person crossing the crosswalk, etc. by safely examining the right and right of the front door while driving the vehicle.

Nevertheless, by negligence, the Defendant neglected this and proceeded the above crosswalk to the right-hand side from the left-hand side of the running direction of the said crosswalk, and the victim D (21 years old, 21 years old, 200) who was a son of the said crosswalk and her son’s son’s son’s son’s son’s son’s son’s son.

Ultimately, the Defendant caused the victim D’s occupational negligence by causing the victim D to suffer bodily injury, such as a felbling of a pelto, which requires approximately four weeks of treatment, and around May 19, 2016, the Defendant caused the victim C’s death from the F hospital located in Kuju-si E due to a sudden stop at the F hospital located in Kuju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on traffic accidents and reports on the occurrence of traffic accidents;

1. Two copies of a report on investigation (on-site verification) and a document printed out of the NAV map;

1. A death diagnosis certificate or a photograph of a dead person;

1. A written diagnosis on D;

1. Application of Acts and subordinate statutes concerning field photographs and black stay images;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes

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