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(영문) 청주지방법원영동지원 2020.11.19 2020고단120

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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving Category B trucks.

On June 1, 2019, at around 06:36, the Defendant driven the above truck, and let the Defendant turn to the left at the right from the girical plane of the Chyeong-dong, Chungcheongbuk-do to the 373 implied ginseng distance from the girical surface on the screen.

In this case, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a right to drive the motor vehicle in a manner that reduces speed and well sees the right and the right and the right.

Nevertheless, the Defendant neglected this and got the victim to go beyond the ground by taking the DNA CITI100 motorcycle driving by the victim C (Nam, 81 years old) who had been driving in the two sides of the water surface from the student bank by negligence, which was going through as it was.

On December 16, 2019, the injured party died from cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Ma at the F Hospital located in Seo-gu, Seo-gu, Seowon-gu.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a yellow survey report, or an accident CCTV image;

1. Application of all Acts and subordinate statutes to the records related to the case of change of history under Article 2019-108 of the Dong-dong District Prosecutors' Office;

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 selection of

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

1. Scope of punishment by law: One month to five years;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation types], and four to one year without labor;

3. Determination of sentence: The crime of this case committed with a prison labor for six months and a suspended execution of two years;