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(영문) 청주지방법원 2016.01.21 2015고단1872
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

At around 13:40 on September 20, 2015, the Defendant driving a BCA 110V Bab, and driving a two-lane road in front of the Cheongju-si in a considerable area of Cheongju-si at a speed of about 40-50 km per hour depending on the side of the Cheongnam-do along a two-lanes of the road in front of the Cheongju-si in the Cheongju-si. Since there is a center line with the yellow yellow-ray, and there is a three-distance intersection in the front direction at the front direction, the Defendant proceeded with the bicycle at the speed of about 40-50 km. Thus, in order to overtake the above vehicle in front of the above vehicle in front of the Cheongju-si in order to pass it over the intersection without due care, the Defendant was obliged to drive the vehicle in front of the above vehicle in front of the Cheongnam-si, and the bicycle at the right side of the Defendant's wheel road without permission.

Ultimately, the Defendant’s occupational negligence caused the death of the victim to a acute bruption due to cerebral typhism in the Flag-dong, the Simcheon-gu, the Simcheon-si, the Simcheon-gu, the Simcheon-gu, the Simcheon-si, which was receiving a post-treatment treatment on October 21, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of the actual survey report, death certificate, on-site photographs, and the Acts and subordinate statutes governing the CCTV images taken by the Gu;

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 Code of the Suspension of Execution (the defendant's driving of the defendant is covered by the liability insurance, the victim's bereaved family members and the victim's unauthorized crossing is the cause of the accident in this case.

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