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(영문) 청주지방법원 영동지원 2020.03.26 2019고단179

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a passenger motor vehicle B.

On September 21, 2019, the Defendant driven the above vehicle on September 18:33, 2019, and driven the road in front of the Hacheon-gun, Chungcheongnamcheon-gun, Chungcheongnamcheon-do toward about 59km in Si/Gun.

At the time, the road was set up on the road in the section, and in this case, the person engaged in driving service has a duty of care to reduce the speed and to safely operate the road by making it possible for the person engaged in driving service to do so.

Nevertheless, the Defendant neglected this and led the victim F (Nam, 76 years old) who was unauthorized to the right side from the left side of the marina road due to negligence, which led to the front part of the said vehicle.

Ultimately, the Defendant caused the victim to die by occupational negligence on September 21, 2019, in a H Hospital located in Seo-gu Daejeon, Seo-gu, Daejeon to cause the victim to die with the diversopic organ organ by blood flasium, divesium flasium, and flassis by blood transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, an accident site photograph, and a traffic accident analysis report;

1. A death certificate;

1. Application of the Acts and subordinate statutes governing vehicle black boxes and video data CDs;

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 selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One month to five years;

2. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 2], the death of a traffic accident (special-speed person], the element of mitigation of punishment: In the area of reduction of punishment [the scope of recommendation and recommendation], the area of reduction of punishment [the scope of recommendation and recommendation], and four months through one year;

3. Determination of sentence: A significant result of the victim's life being lost due to the instant crime for six months of imprisonment without prison labor or for two years of suspended execution;