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(영문) 청주지방법원 2019.05.09 2018고단2968
교통사고처리특례법위반(치사)
Text

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

except that 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 a string and freight vehicle B.

On October 7, 2018, the Defendant driven the above vehicle at a speed of 22 km per hour at the speed of 22 km in the front of the petition-gu, Cheongju-si, from the front side of the Cheongju-si to the front side of the front side of the air force 17 m of the air force.

At the time, there was a new wall, and there was a flow of the front door, and there was a center line of yellow-ray, so a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes and prevent accidents.

Nevertheless, the Defendant neglected to turn to the left, and caused the death of the victim D (if known, 78 years of age) who illegally crossed the road from the right-hand side of the proceeding direction by negligence beyond the center line to the left-hand side, and caused the death of the victim due to an external wound at E Hospital on October 12, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, on-site photographs, and photographs of the accident scene;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The conditions that are favorable to the death of a victim shall be determined as ordered by taking into account all the circumstances, including the following: The fact that a serious result of the death of a victim has occurred: the occurrence of an accident; the fact that the victim's negligence is considerable in the occurrence of an accident; the fact that there are no records of punishment except three times a minor fine; the insurance is covered by a comprehensive insurance; the fact that the victims and their bereaved family members have agreed smoothly with each other; the age, character and behavior, environment

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