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(영문) 청주지방법원 2018.10.11 2018고단1542

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and four months.

However, the execution of the above punishment shall be suspended for a period of 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 new town bus B.

On April 27, 2018, the Defendant driven the above vehicle at around 15:40, and permanently permanently resided at around 15:40, the Defendant driven the said vehicle at the speed of 80 to 90km each hour, along with the two-lane road located at the point of 47 km from the original base point of “Jinjin-Yuk-gu Highway” located at the point of 47km each, in a letter of business.

At this point, there was a duty of care to check the safety of the course by checking the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, the Defendant neglected to do so and was negligent in driving C(S, 44 years old) driving due to a traffic accident in front of the designated bus by the Defendant. However, the Defendant got off the fluor of C(S, 44 years old) driving, following the Defendant’s vehicle.

Ultimately, on April 27, 2018, at around 17:05, the Defendant’s occupational negligence caused the death of the victim E (the son, 73 years old) who was a passenger of the said franchise-free car at the “Masung Hospital that was permanently stationed in the Medical Center,” which was located in the Sungsung Medical Foundation 7, which was located in the Sungdong-ro 7, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to C and F;

1. A written statement of persons involved in each traffic accident of G, H and I;

1. A death certificate;

1. Application of Acts and subordinate statutes concerning postmortem records;

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;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The sentencing criteria [the range of recommended punishment] and the sentencing criteria [the range of recommended punishment] are two types of general traffic accidents (the death or injury of traffic accidents) (the period from April to one year) (the period from April to one year) and the punishment is not imposed (including the serious efforts to recover damage);

2. The circumstances under which the sentence of sentence is rendered and other ages of the accused.