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(영문) 청주지방법원 제천지원 2018.07.26 2018고단160

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 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 vehicle QM3.

On March 27, 2018, the Defendant driven the above car at around 14:50 on March 27, 2018, and led to one of the following roads, which are located in the 297-ro of the Seoyangyang-gun, Seoyang-gu, Yangyang-gun, to the Central Zone from the edge of the erosts.

Since there was a road where a crosswalk is installed, there was a duty of care to safely drive the road after checking whether a person engaged in driving the motor vehicle has a duty of care to safely drive the road by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and proceeded as it was so negligent that the Defendant got the body of the victim C(80) who dried the crosswalk in front of the left-hand side of the passenger vehicle operated by the Defendant.

Ultimately, the Defendant caused the victim to die due to the foregoing occupational negligence on March 31, 2018 due to the suspension of acute cardiopulmonon by the Damina Hospital in the Domina Hospital in the 19:20-ro, one of the 20-ro, one of the 19:2, one of the following:

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. A survey report on actual conditions;

1. A photograph by cutting off CCTV images of a D gas station (verification of a violation of signalling of an accident vehicle);

1. Application of Acts and subordinate statutes of death certificate (E);

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 on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall not be subject to punishment for the mitigated area (four months to one year) (the special mitigated person] of the Class 2 (Death or Injury by Traffic Accidents).

2. The sentence shall be determined as ordered by comprehensively taking account of the following circumstances below the 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.