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(영문) 청주지방법원 충주지원 2019.03.08 2018고단715

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 a bus B.

On June 11, 2018, at around 13:00, the Defendant continued the roads in front of the Djuri Station in the E-middle Party C, Chungcheongbuk-gun.

At that time, the speed was 30 km per hour for children protection zones, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely operate the steering system by complying with the speed limit, properly seeing the ebbbrance, and accurately operating the steering system.

Nevertheless, the Defendant neglected this and followed the part of the victim H(70 years old) driving at the Emiddle Village from the Mad G village room to the left-hand turn at the speed of about 72 km per hour over a speed of about 42 km, which led to the Defendant’s failure to stop driving of the restricted speed.

Ultimately, the Defendant caused the victim to die due to such occupational negligence on June 13, 2018, at the K Hospital located in the Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, to death due to a traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. An accident site photograph, on-site photograph, and vehicle photograph;

1. The actual condition survey report;

1. A death certificate;

1. Application of the statutes on traffic accident analysis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act 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. The sentencing guidelines [Scope of Recommendation] the types of general traffic accidents (the range of recommendations) and the special mitigation area (two to one year) (the special mitigation area) (the victim) shall be limited to the occurrence of traffic accidents or the expansion of damage, and where there is considerable fault in causing and causing considerable damage to the victim, the range of sentence compared with the sentencing range and the recommended sentencing range: two months to one year; and

2. Circumstances leading up to the determination of sentence and speed of the sentence.