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(영문) 청주지방법원 2019.02.15 2018고단3032

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 freight trucking from B complaint work.

On September 16, 2018, the defendant, around 13:18, had the roads in front of the D convenience points in the Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, B go in two-lanes of the two-lanes of the neighboring park protection area in the E building.

At that time, there is a center line of yellow-ray, so in such cases, a driver has a duty of care to prevent accidents in advance by accurately manipulating the steering and steering system without exceeding the yellow-ray.

Nevertheless, the Defendant neglected to do so, and instead, was driven by the Victim F (22 years old) who was driving in one lane in the center line of yellow solid lines by the fault of the Defendant, which was driven by the Victim F (22 years old), as the back of the left side of the said cargo vehicle.

On September 23, 2018, the victim died due to the occurrence of a serious cerebral cerebral cerebral ma, etc. at the Chungcheongnam-gu Hospital located in 776 as one circulation in Cheongju-si, Seowon-gu, Cheongju-si.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence and caused the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Application of accident mergs, field photographs, and motion picture pictures of the deceased;

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A favorable circumstance in which the defendant committed a central line and caused the death of the victim: The victim’s bereaved family members and the bereaved family members have agreed to do so; the victim’s negligence appears to be concurrently causing the accident of this case; and there is no previous conviction exceeding the fine; the defendant’s age, character, environment, motive, means, and means of the crime.