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(영문) 청주지방법원 충주지원 2017.03.29 2016고단978

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaging in driving a rocketing car.

On October 11, 2016, the Defendant driven the above car at around 00:45, and proceeded at the speed of about 89.5 km from the intersection to the new e-line intersection, depending on the prudente-Eup, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do.

At the time, since it was difficult to take the front time at night, there was a duty of care to prevent accidents in advance by driving safely, such as reducing speed and driving on the front right right and the right right of the driver of the motor vehicle.

Nevertheless, the Defendant did not discover the victim C (58 3,00) (58 years,00) who was coming to the opposite direction of the car driving in the vicinity of the center separation zone due to the negligence of neglecting it, and received it as they were.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the time of 01:30 on the same day at the time of Chungcheongbuk-si, Chungcheongnam-si, Chungcheongnam-si, Cheongju University Hospital, which was located in 82 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Sending a traffic accident analysis report;

1. On-site photographs and on-the-spot photographs of the accident;

1. Application of Acts and subordinate statutes of a death certificate;

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

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

1. Circumstances unfavorable to sentencing under Article 62-2 of the Criminal Act: Circumstances that are favorable to the defendant's death due to the crime of this case: The defendant recognized the crime of this case and reflects it; negligence between the victim and the center separation zone near the road of this case at the latest night is the main cause of the accident of this case; the defendant agreed that the victim's bereaved family members and the bereaved family members; and the motor vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance.