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(영문) 청주지방법원 2019.10.17 2019고단1532

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

Reasons

Punishment of the crime

At around 12:00 on June 26, 2019, the Defendant followed B rocketing car on the road located on the riverside in the 389 principle of the west-gun of Chungcheongnam-do.

Since the above road is a rural side road that is not divided into two lanes, and is adjacent to the river, there was a duty of care for the defendant, who was engaged in driving service, to live well in the rear and its surroundings and to properly manipulate the steering direction and brake system and to proceed in a safe way.

Nevertheless, the Defendant did not properly examine the rear side and proceed with the rear side as above without timely operation. However, the Defendant shocked the body side of the victim C (the age of 84) who was on the side of the road behind the said car after the passenger car, with the rear part of the said car, and caused the two parts of the victim, etc., to go ahead of the driver's seat of the said car.

At around 12:41 on June 26, 2019, the Defendant caused the victim to die from two parts of the E Hospital located in Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A traffic accident report;

1. Protocol of inspection;

1. Application of Acts and subordinate statutes to scene photographs of accident, and photographs of changeers;

1. Article 3 (1) or 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Selection of imprisonment without prison labor for a crime;

1. In full view of all the circumstances, such as the recognition of the crime of sentencing under Article 62(1) of the Criminal Act and the fact that it is against the wrongness of recognizing the crime of sentencing, the fact that there is no other punishment force except for punishment imposed once a crime of double-class crime, the vehicle is covered by a comprehensive motor vehicle insurance, the defendant's negligence and accident result, etc. favorable circumstances, such as the fact that the victim's bereaved family members are agreed with, and the defendant's age, character and behavior, and the circumstances before and after the crime, etc., the sentence is ordered as per Disposition.