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(영문) 청주지방법원 2018.03.08 2017고단2397
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 C-Scar.

On September 3, 2017, the Defendant driven the above car at around 19:50, and driven the car at around 19:50, the Defendant proceeded along three-lanes with the road of 2156-ro, Nowon-gu, Seoul, and the road of 3-lanes in front of the front of the mother teachers-distance crosswalk, along the right side of the intersection.

Since there is a pedestrian crossing where a signal, etc. is installed at a speed of 60 km per hour, there was a duty of care to safely drive a person engaged in driving service by reducing the speed and complying with the speed limit according to the new code.

Nevertheless, due to the negligence of negligent driving at a speed of 108 km per hour in violation of the signal, the part of the victim's right to the bicycle driving of the above crosswalk to the right side from the left side of the defendant's running direction was received as the front part of the said vehicle.

Ultimately, the Defendant caused the above victim’s death by occupational negligence on September 5, 2017, at the Chungcheongnam-gu University Hospital located in 776, Young-gu, Cheongju-si, Cheongju-si, to cause the death of the victim due to serious brain damage.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. In light of the following: (a) the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act led to a serious consequence of the victim’s death due to the Defendant’s negligence; and (b) the Defendant was punished by a fine as having escaped from a traffic accident; (c) the victim also appears to have been punished by strict punishment; (d) the occurrence of an accident involving a bicycle riding and a crosswalk; (e) the fact that the victim’s mistake appears to occur; (e) the victim’s bereaved family members agreed with the victim; and (e) the fact that there was an agreement with

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