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(영문) 청주지방법원 2015.05.28 2015고단37

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is engaged in driving a C-Scar car.

On September 19, 2014, at around 03:15, the Defendant driven the said car, and driven the two-lane road along the “Korean power” in the Cheongpyeong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, the speed of which is about 103.7 to 117.5km from the Cheongpju to the voice.

It is a road with a limited speed of 70 km, and at the same time, it was difficult to set the front-round market at night. In such a case, a person engaged in driving duty has a duty of care to prevent accidents by complying with the speed and speed of the vehicle and operating the steering gear and the steering gear accurately.

Nevertheless, the Defendant neglected this and failed to discover the Victim E CA110S motor bicycle in the victim D(53 years of age) and received the rear part of the above motor vehicle driving from the Defendant as the front part of the above motor vehicle driving.

Ultimately, at around 03:19 of the same day by occupational negligence, the Defendant caused the death of the victim due to the second damage caused by a traffic accident at the site of the accident.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual survey report and the report on the occurrence of a traffic accident;

1. Sending a comprehensive traffic accident analysis;

1. A written result of autopsy and postmortem examination;

1. Application of accident site photographs, dead body photographs Acts and subordinate statutes;

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

1. The reason for sentencing [decision of a sentence] under Article 62(1) of the Criminal Act (hereinafter referred to as the grounds for sentencing] The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing] the traffic crime group, the second type (the resulting in a traffic accident), the penalty not (special mitigation) [decision of the recommended area] mitigated area [the scope of sentencing [the scope of the recommended sentence] mitigated area, and the defendant's gross negligence who violated the reduction range from April to