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(영문) 청주지방법원 영동지원 2017.05.11 2017고단24

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving as a Tractor B.

On January 8, 2017, around 15:00, the Defendant driven the Track on the national highway No. 37 national highways, which led to the running of the Track in the same area as the Track on the Kack-ri side.

At the time, the Defendant had a duty of care to check the safety of the course by checking well the right and the right and the right and the right and the right and the right of the driver, and to accurately manipulate the steering and the operation of the steering system, to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and neglected to load and drive a light boom, and caused the victim to fall off on the road surface by taking the front side of the light boom which is driven by the victim C(50) who is driving ahead of the same direction in the same direction as the front side of the boomer, which is driven by the victim C(50) in the same direction.

In the end, the Defendant caused the death of the victim from the above occupational negligence to the "two alleys" in the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a description of photograph;

1. A report on investigation;

1. Application of Acts and subordinate statutes to autopsy records and autopsy records;

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. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited to the range of the recommended punishment [the scope of the punishment [the person subject to special sentencing] according to the sentencing guidelines and the factors to reduce the punishment (including the advanced efforts to recover damage], the area to which the punishment is not mitigated (including the recommended area and the sentence), the area to which the punishment is mitigated, and the period between four months and ten months;

2. The defendant's decision of sentencing caused a traffic accident by negligence as long as he neglected his duty of care in the front place.