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(영문) 청주지방법원 충주지원 2016.12.09 2016고단692

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of B 2 cargo vehicles.

On July 28, 2016, the Defendant driven the above cargo vehicle at around 17:16, and proceeded to the front distance of the village hall at 61 o-4,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

Since there was a long distance crossing without signal, there was a duty of care to prevent accidents in advance by driving safely, such as reducing speed and checking whether there is another vehicle to enter the intersection by checking well the front left.

Nevertheless, the Defendant neglected this and went through the above intersection by the negligence of entering the intersection, which is the left-hand side of the running direction of the above cargo vehicle, the part of the right-hand side of the DCA 110 Otoba, driving by the victim C(75 years old) who passed the right-hand side of the above cargo vehicle, from the 4th village hall in the right-hand side of the above cargo vehicle.

Ultimately, at around 20:30 of the following day from the above occupational negligence, the Defendant caused the victim to die due to acute cardiopulmonary suspension at the E Hospital located in Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of a traffic accident (including attached photographs);

1. The actual condition survey report;

1. Blucking images;

1. Application of Acts and subordinate statutes to death certificate or photographs of the deceased;

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, 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. Application of the sentencing guidelines (determination of types), traffic crimes, general traffic accidents, types II (Death, etc. resulting from traffic accidents): Reduction elements: Reduction area of penalty and non-taxation [Scope of determination and sentence of recommendation area] reduction area, reduction area of penalty and imprisonment without prison labor for up to four months and one year;

2. Circumstances unfavorable to a sentence: Negligence of the defendant with respect to the instant traffic accident;