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(영문) 청주지방법원 영동지원 2018.12.13 2018고단146

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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a fixed-wing cargo vehicle C.

On August 18, 2018, the Defendant driven the above vehicle at around 17:45, and led to turn to the left from the south of the same side at the rupture of the rupture 419-1 rupture in the two rupture of the two-way rupture of the two-way rupture.

Since there is an intersection that is not supported by traffic control, in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by reducing the speed or temporarily stopping the motor vehicle to the person engaged in driving the motor vehicle.

Nevertheless, the defendant neglected to temporarily stop and did not look at it well, and was negligent to make a left-hand turn from the left-hand side of the defendant's right-hand side of the victim's DJ100T-7C Operation, which was under the right-hand side of the defendant's right-hand side, received the full left-hand side of the defendant's driving vehicle.

Ultimately, the Defendant caused the death of the victim due to cerebral ties, etc. while receiving treatment at a local university hospital located in Daejeon on August 20, 2018 by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, on-site photographs, and photographs of accident vehicles;

1. A photo of the corpse and a protocol of inspection;

1. Application of Acts and subordinate statutes of a death certificate;

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;

2. Grounds for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.

1. The scope of recommended punishment according to the sentencing guidelines [type determination] shall be limited to the range of recommended punishment [referring to the area of recommendation and sentence], the area of mitigation of punishment (including serious efforts to recover damage], the area of mitigation of punishment, and the area of imprisonment without prison labor for not less than four months but not more than one year;

2. Determination of sentence (unfavorable circumstances) is made by the Defendant.