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(영문) 청주지방법원 영동지원 2014.11.13 2014고단192
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On August 22, 2014, the Defendant operated the above car on the 12:20 minutes and proceeded to the 4th national highway located in the Yancheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to Daejeon-do. On the other hand, the Defendant moved to the 12th parallel west-ro, which led to the right-hand side road in front of the East west-gun, and proceeded to the speed of about 20km.

Since there is no distinction between the roadway and the sidewalk, in such cases, the person engaged in the vehicle driving duty has a duty of care to prevent accidents in advance by driving safely by safely examining the front left left and left.

Nevertheless, the defendant neglected this and operated a vehicle on the road that gets along the right side of the defendant's moving direction (the road that is coming from the front side of the additional elementary school). However, due to the negligence of driving a vehicle without properly examining whether there is a pedestrian driving on the rest side of the pnish, the defendant did not find the victim D(W, 76 years old) who is towing and walking the baby like the defendant's moving direction in front of the above passenger car and did not find the victim D(W, 76 years old) and had the victim go beyond the floor.

Ultimately, at around 12:55 on the same day, the Defendant caused the victim’s death by occupational negligence, after being transferred to the Macheon-gu Hospital in the same 1195 Sincheon-gu, the Sincheon-gu, the same day, thereby causing the victim’s death.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A traffic accident report;

1. A copy of a death diagnosis document;

1. Application of the Acts and subordinate statutes for photograph explanation;

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 provides that the defendant has agreed smoothly with the bereaved family members of the victim, the defendant is the primary offender, and the defendant is the defendant.

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