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(영문) 청주지방법원 2019.02.15 2018고단2037
교통사고처리특례법위반(치사)
Text

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

except that 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 the Track machines.

On April 3, 2018, the Defendant driven the above vehicle on April 17:15, 2018, and continued the front road at the entrance of Jincheon-gun C, from C to D.

There is a duty of care to safely drive an accident by driving the driver at a “type-distance crossing” without any signal. In such cases, the driver has a duty of care to safely prevent the accident by driving the driver at a time prior to the entry into the intersection, accurately operating the steering side and the steering gear, and temporarily stopping the steering side and the steering system before the entry into the intersection.

Nevertheless, the victim E (Nam, 80 years old) who was driving on the left side from the right side of the defendant's course by negligence that did not stop temporarily without any delay, had the victim carry the part on the right side of the track, which was driven by the victim E (Nam, 80 years old), and had the victim go beyond the road.

Ultimately, the Defendant caused the above victim's death by occupational negligence on the same day at low-blood shock.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

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

1. Application of Acts and subordinate statutes concerning autopsy reports and postmortem records;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and

1. Article 62 (1) of the Criminal Act on the suspension of execution (the first crime and the agreement with the bereaved family members, and the fact that the negligence is not much severe);

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