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(영문) 청주지방법원 충주지원 2019.03.22 2018고단771

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 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 string and freight vehicle B.

On June 16, 2018, the Defendant driven the above cargo vehicle around 06:35, and proceeded at a speed of about 87 km as one-lane between the two-lanes of latitude and the two-lanes of latitude, the front road of Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

At that time, there are many places where the speed of the vehicle is 60 km per hour, so in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle by keeping the front door and the left and right well in compliance with the speed limit.

Nevertheless, the Defendant neglected this while driving at a speed exceeding about 27 km per hour by negligence of the Defendant's vehicle driving at a speed exceeding a speed of 27 km, brought the front portion of the F.O.b.'s left side of the 58 years old driving by the victim E (W. 58 years old) who crosses the road to the left side from the right side of the cargo vehicle of the Defendant.

Ultimately, at around 07:25 of the same day, the Defendant caused the victim’s death by occupational negligence due to multiple prolonged damage caused by traffic accidents at H Hospital located in G in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An accident site photograph;

1. A death certificate (E);

1. Application of the Acts and subordinate statutes of the traffic accident analysis report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The sentencing guidelines [Scope of Recommendation] the types of general traffic accidents (the range of recommendations) and the special mitigation area (two to one year) (the special mitigation area) (the victim) shall be limited to the occurrence of traffic accidents or the expansion of damage, and where there is considerable fault in causing and causing considerable damage to the victim, the range of sentence compared with the sentencing range and the recommended sentencing range: two months to one year; and

2. The circumstances where the sentence is determined, and circumstances leading to the occurrence of the accident; and