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(영문) 청주지방법원 충주지원 2014.05.16 2014고단104
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 a person who is engaged in driving a CL car.

On January 25, 2014, the Defendant driven the said car at around 20:10, and operated the said car at a speed of about 98 through 114 kilometers in proportion to the two-lanes, one of the two-lanes, from the boundary of the national ambassador distance, at a speed of about 545 kilometers, depending on the direction of 545 kilometers. Since the road was milched after the night and at the same time, the Defendant, who is engaged in driving, had a duty of care to properly look at the front and rear left, and to prevent the accident by operating the steering and brakes in compliance with the regulatory speed.

Nevertheless, the Defendant neglected such duty of care and failed to find out the victim D (72 years old) who illegally crossed from the left-hand side of the running direction of the Defendant in the course of Madles by negligence more than 20 kilometers a fixed speed of 70 kilometers or more, and did not find the victim D (72 years old) and received the victim as the front-hand part of the Defendant’s vehicle, and caused two external wounds where the number of treatment days cannot be known to the victim. Ultimately, the Defendant caused the victim to die due to severe cerebral damage at the point of the above accident at around 20:27 of the

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A comprehensive analysis of traffic accidents;

1. Photographs, etc. of an accident site;

1. Application of Acts and subordinate statutes to written requests for autopsy of dead bodies prepared by doctors;

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;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The defendant neglects his/her duty of care and causes traffic accidents involving the victims crossing the road due to excessive influence.

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