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(영문) 청주지방법원 2016.04.01 2015고단2011
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of one year from the time this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car in XG.

On October 24, 2015, the Defendant driven the said car at a speed of about 40-50km per hour according to the speed of about 40-50 kilometers per hour from the Heungdong Medical Center in the front of the D-do in the Cheongju-gu, Seocho-si, Seowon-si, the Defendant driven the said car at a speed of 0-50km per hour.

At the time, it was difficult to view the view because it was a new wall to get off the ditch, and there was a private-distance intersection and crosswalk in which the vehicle signal apparatus is on-off and off in yellow, so in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle has a duty of care to safely drive the steering gear by properly operating the steering direction and brakes, by reducing speed and checking well the right and the right and the right of the motor vehicle.

Nevertheless, the defendant neglected this and found the victim E (the age of 83) who was crossing the crosswalk from the right side of the passenger vehicle of the defendant's passenger vehicle to the left side and operated the crosswalk rapidly, but the defendant did not stop due to the negligence that the defendant was driving on the left side of the vehicle, and got the damaged person to go beyond the road.

As a result, the Defendant caused the death of the victim due to the above occupational negligence by the suspension of cardiopulmonary function due to the increase of two internal pressure at the North Korean University Hospital located in 776 circular-gu, Seocho-gu, Seocho-gu, 17:50 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. A CD (accident image), photograph (on-site, accident vehicle);

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Course (Recommendation and Punishment)

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