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(영문) 청주지방법원 2017.09.20 2017고단1179
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle with C low Pest another car.

On May 14, 2017, the Defendant driven the above car at around 20:15, and proceeded by using one way the front way of the E, which is located in Cheongju-gu, Seowon-gu, Seowon-si, Cheongju-si, using two lanes from the right-distance off to the right-side off of the right-side to the right-side.

At night, its location is installed at the front of the road, so in such cases, the driver had a duty of care to check whether there is a person who renders a road by reducing the speed and by checking well the right and the right and the right of the road, and to safely drive it.

Nevertheless, the body of the victim F (the age of 65) who walked the crosswalk from the right side to the left side by neglecting it as it is, was the front part of the vehicle operated by the defendant.

Ultimately, the Defendant caused the victim to die due to the foregoing occupational negligence at the hospital of the Chungcheong North Korean University located in 776, Seo-gu, Seo-gu, Seo-gu, Cheongju on May 15, 2017, at around 00:48, by means of a low blood shock, etc.

Summary of Evidence

The application of Acts and subordinate statutes to the defendant's legal statement traffic accident occurrence report, on-site investigation report, vehicle photo fluorm fluor and photograph death report

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

3. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] of the Criminal Act [the grounds for sentencing [the scope of recommending punishment] general traffic accident Type 2 (Death, etc. by Traffic Accidents] [the person who is specially mitigated] [the person who is not subject to punishment [the person who is subject to special mitigation]], and the result of an accident is serious as the victim dies.

A pedestrian crossing shall be opened with victims, and the defendant's negligence is high.

The defendant's mistake in sentencing is against the defendant.

The defendant shall pay 30 million won in criminal penalty, and he/she shall be punished by the victim's bereaved family (her husband and son) by mutual consent.

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