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(영문) 청주지방법원 충주지원 2016.04.29 2016고단57
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 9, 2015, the Defendant, who is engaged in driving of freight vehicles C, was driving in the area of marith from the surface of the area of the area of the mountain, the area of the mountain, the area of which is the area of the mountain, the area of which is the area of the mountain, the area of which is the area of the mountain, the area of which is the area of

At this point, the speed of restriction is 60 km per hour, and it is installed at a place where the access road is located in the neighboring village, so the defendant engaged in driving motor vehicles has a duty of care to accurately look at whether there is a vehicle that combines the steering direction and brakes with the village access by accurately manipulating the steering direction and brakes according to the restricted speed and to prevent accidents.

Nevertheless, the defendant neglected the above duty of care and neglected the duty of care in the front and the surrounding areas, and caused the death of the victim by negligence, which led to a sudden progress of 83 km or more at a speed exceeding 20 km or more per hour than the speed limit, from the adjacent village access road to the above road, the victim E (78) who entered the above road did not discover any lebbbba on the right side of the defendant's vehicle and caused the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions and photographs on each site;

1. Photographs of dead or dead persons and death certificates of body;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing guidelines [the types of decisions] traffic crimes, general traffic accidents, and Type 2 (Death, etc. in Special Sentencing): Reduction factors: Non-won of punishment [the scope of the recommended sphere of punishment and the scope of the recommended sentence] special mitigation area, February-10-10 months without prison labor where the victim was at considerable negligence in the occurrence of or the expansion of damage from a traffic accident;

2. Circumstances unfavorable to a decision of sentence: The instant crime;

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