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(영문) 청주지방법원 2018.07.12 2018고단235

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 C-Scar.

On January 8, 2018, the Defendant driven the above car at around 07:25, and driven the front road in D, a considerable area of the Cheongju City, along the two-lanes of the two-lanes from the cam reservoir to the lamblst of Geumcheon-dong, Geumcheon-dong.

At the time, the snow was string up to sunrise, so there was a duty of care to prevent accidents in advance by safely driving on the left and right well.

Nevertheless, the defendant neglected this and found the victim F (the 83 years old) who was moving the road to the right side by driving at the same speed at the same speed, without permission, on the right side, and was in an rapid operation, but did not avoid it, but did not go beyond the road by receiving the victim from the front part of the defendant's driver's car.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim due to the said negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. On-site photographs and photographs of carcasses;

1. Application of Acts and subordinate statutes to death certificates;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing (Scope of recommended punishment) (referring to two months to one year), the area subject to special mitigation (referring to a person subject to special mitigation) (referring to a person subject to special mitigation) of a traffic accident, where the victim has committed considerable negligence in the occurrence of a traffic accident or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage);

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

A person who suffers damage due to the defendant's occupational negligence.