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(영문) 청주지방법원 2018.11.29 2018고단1834
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 three 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 CPoter II freight vehicles.

On April 23, 2018, the Defendant proceeded at a speed of 71km from the direction of ‘E' in front of ‘E' located in Seocho-gu, Seocho-gu, Cheongju-si on April 19:3, 2018 to ‘scopular road’.

At night, the speed of the road was 60km per hour, and in this case, the speed of the road was 60km per hour, the driver of the vehicle has a duty of care to ensure the safety of the course by complying with the speed limit and by checking well the right and the right of the road, by accurately operating the steering and brakes in advance, and by safely controlling the speed and driving the steering and brakes in advance.

Nevertheless, the defendant neglected to do so and proceeded at a speed beyond the limit and did not discover the victim FF (64 tax) who was walking at the edge of the road at that place, and received the front portion of the said cargo vehicle.

Ultimately, on April 23, 2018, the Defendant caused the death of the victim at the Chungcheongnam-gu University Hospital located in 776 circular 1, Seocho-gu, Seocho-gu, Cheongju-si due to the foregoing occupational negligence, due to the multiple scarcity damage, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the police statement related to G;

1. On-site photographs and photographs of the accident;

1. A traffic accident analysis report;

1. A death certificate;

1. Application of Acts and subordinate statutes on signboards limiting the speed of the accident place;

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

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

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or Article 62-2 of the Social Service Order: The defendant's negligence resulted in a serious consequence of his/her death, and thus, criminal liability corresponding thereto cannot be exempted. The elements of sentencing favorable to o: Agreement with the victim's bereaved family members; o and others.

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