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(영문) 청주지방법원 2019.06.25 2018고단3025
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of e-mail vehicles B.

At around 14:20 on October 27, 2018, the Defendant driven the said vehicle into the Jincheon-Eup Myeon, Jincheon-gun, Jincheon-gun, Jincheon-gun, and proceeded.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to reduce speed and safely proceed according to traffic conditions by accurately operating the steering direction and brake system.

Nevertheless, the defendant neglected this and found the F-wheeled vehicle driven by the victim E (year 73) driving on the left-hand side from the defendant's right-hand side, but did not reduce speed, and caused the death of the victim due to multiple prolonged damage immediately.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

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

1. Application of Acts and subordinate statutes to photographs of accident site and 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 Article 268 of the Criminal Act on the grounds of sentencing sentenced to imprisonment without prison labor, the Defendant was aware of the victim’s access to the intersection by operating the stobb and did not reduce the speed, and caused the victim’s death by shocking the above stobane.

Although considering the fact that the defendant is a directly-run vehicle and the left-hand vehicle is a vehicle, the driver's behavior of the defendant cannot be deemed to be more severe due to the defendant's violation of the concession duty at the intersection where traffic is not controlled, and the other party's duty to protect safety, etc., and thereby, he or she caused a heavy result in the victim's life.

The agreement has been reached with some of the bereaved family members, and efforts have been made to compensate for some damage, and the age, character and conduct, intelligence and environment of the defendant, and relationship with the victim.

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