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(영문) 청주지방법원 2017.09.27 2017고단1375

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a DNA-learning car.

On April 5, 2017, the Defendant driven the above vehicle at around 00:25, and led to two lanes in front of the 106 east-gu Seoul Special Metropolitan City, Nowon-gu, in order to drive the vehicle at around 00:25, and the two lanes in front of the 106 east-gu Seoul Special Metropolitan City.

At the time, yellow-off was in operation at night, a crosswalk was installed, and there was a limited speed of 50 km per hour, so there was a duty of care to check whether there was a person who observed the restricted speed and scam well by checking the right and the right and the right and the right and the right and the right and the right and the right and the right and to drive safely.

Nevertheless, the Defendant neglected this and proceeded at a speed of 74 km per hour without examining the crosswalks properly and without reducing the speed, and did not discover the victim E (the remaining, 55 years old) who was standing the crosswalks on the right side of the direction of the Defendant’s running, and did not find out the victim E (the remaining, 55 years old) who was standing the crosswalks in front of the driver’s seat of the said car.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the Chungcheongnam-do University Hospital located in 776, Seo-gu, Seo-gu, Cheongju-si, Cheongju-si, due to the damage of the two symptoms.

Summary of Evidence

Application of the Act and subordinate statutes requesting appraisal of the defendant's legal statement traffic accident report, vehicle photograph, actual survey report, on-site photograph death report, etc.

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 the selection of imprisonment without prison labor;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. The reason for sentencing of Article 62-2 of the Criminal Act on taking lectures and the community service order [the scope of recommended punishment] General Traffic Accident No. 2 (Death by Traffic Accidents) is the basic area (8 months to 2 years) (special mitigation or aggravation) [the person subject to special mitigation or aggravation] / Where illegality in Article 3(2) proviso (excluding subparagraph 8) of the Act on the Special Cases of the Teaching, is serious (a person who suffers damage to a sentence] unfavorable sentencing factors.