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(영문) 청주지방법원 충주지원 2018.11.16 2018고단442

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for eight months.

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 who is engaged in the operation of the CB car.

The Defendant, at around 08:43 on June 22, 2018, transferred to the right side of E in front of the vehicle in junju-si from the front side of the apartment apartment in jun-si, to the front side of the road in jun-si, the Defendant, who neglected the safety care duty, by negligence in the course of business, took a bicycle on the part of the victim F (72 years old) who was a pedestrian who dried the crosswalk pursuant to the pedestrian new hoscing, and got the victim out of the front door of the vehicle in jun-si, and got the victim over the road, and let the victim go beyond the road on the glass of the vehicle in jun-si.

7. On 16. 12:58, at a hospital of the Gyeongdong-dong National University, it caused death while receiving medical treatment due to cerebral blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) and reporting of a traffic accident (2);

1. A death certificate;

1. Application of the Act on the Videos of Ma1 Vehicle Track Track at the time of the accident

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 suspended execution;

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

1. Sentencing (Scope of recommended punishment) [Type 2 (Death, etc. of Traffic Accidents) (4 to 1 year)] mitigation area (including specially mitigated persons), punishment non-members (including serious efforts to recover damage): 4 months to 1 year; 4 months; and 1 year;

2. Determination of sentence: (a) the circumstances leading up to the determination of sentence; (b) the content and degree of negligence; (c) the victim’s bereaved family expressed an intention that the defendant does not want to be punished; (d) the history of the crime (in the first offense); (c) the purchase of comprehensive