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(영문) 청주지방법원 2021.01.27 2020고단2188
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who drives a vehicle for riding C with his father as a profession.

On 21:00 on 2020. 08. 21:00 on Cheongju-si, the Defendant driving the above vehicle, and driving the vehicle directly from the Cheongcheon-do to the Cheongcheon-si.

The place of accident is one lane in which the central line is installed, and the road was kept in the outer range without street lights, and traffic communication was smooth. In such a case, there was a duty of care to prevent accidents by accurately manipulating the front, front, left, and well, and the brake system as a driver, and to prevent accidents.

Nevertheless, it neglected this and obstructed the road in order to diven the central line at a one-lane road, cut off the street and repeated three times the transitioned dust, and was straighted on the same side.

2. A collision between the upper left side of the driver E(53, 53) of the vehicle driver E(S) and the upper side of the vehicle after the upper side of the vehicle's left side, two vehicles move to the right side of this shock, and the roadside trees on the right side of the road conflict to the front side of the two vehicles.

Therefore, due to this shock, the driver E of the 2nd vehicle has died due to the increase of cerebral injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to survey reports on actual condition, on-site, vehicle photographs, dead body photographs, and death diagnosis reports;

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;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Amount of a fine not exceeding 50,000 won to twenty million won in the scope of a punishment by law; and

2. A sentence of a fine of KRW 8 million: A favorable condition that is favorable to the result that was incurred by the instant case: An agreement is reached with the bereaved family; and the Defendant’s age, sex, environment, motive for the commission of the instant crime; and the aforementioned circumstances are subsequent to the commission of the instant crime.

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