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(영문) 청주지방법원 2015.03.12 2014고단1085
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in driving a rocketing car.

On April 2, 2014, the Defendant driven the said car on April 19, 2010, while driving the “F” road in front of the “F” road located in the reasonable district E of Cheongju-si, and came to turn to the right from the side of the Confucian School.

Since there is a narrow channel without a central line, in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle has passed the way to reduce speed and to check the right and the right and the right of the motor vehicle and to drive the motor vehicle safely.

Nevertheless, the defendant neglected to turn to the left without neglecting it and caused the victim G (75 years old) who was on the left-hand side of the direction of the defendant's proceeding to go to the front-hand part of the above passenger vehicle, and due to this, the victim who was going to the road was assigned to the wheels of the above passenger vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a dysia, which requires treatment for at least six months, due to the above occupational negligence, and caused the Defendant to suffer injury, such as loss of the right-to-hand vision, and disability in recognition function caused by brain damage.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A traffic accident site operation report and a actual survey report;

1. A medical certificate and a written entrustment report;

1. Application of statutes on field CCTV photographs;

1. Article 3 (1) and the proviso to Article 4 (1) and Article 4 (2) and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [decision of types] / Traffic Crime Group, Type 1 (Death resulting from Traffic Accidents) of general traffic accidents - No special mitigation element: No special aggravation element: In the event of serious injury [decision of the recommending area] aggravation area [the scope of recommendation sentence] aggravation area [the scope of sentence of recommendation] by imprisonment without prison labor from August to June.

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