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(영문) 청주지방법원 2018.06.07 2017고단2414
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 C M& car.

On August 22, 2017, the Defendant driven the above car at around 08:00, while driving it, the Defendant proceeded along the one lane in front of the exit-gu crosswalk No. 6 in the Song-gu Eup Eup Eup/Myeon, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-si, with the three-lane road in front of the exit-gu crosswalk at the direction of the Masan-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to avoid accidents in advance by driving the steering gear and brakes accurately and safely.

Nevertheless, by neglecting this and continuously proceeding at the same speed, the victim D (the age of 20) who crosses the above crosswalk to the right side of the defendant's right side of the road on the left side of the defendant's running direction, was placed in the above part of the victim D (the age of 20) who was crossing the crosswalk on the right side of the horse.

Ultimately, at around August 23, 2017, the aforementioned victim caused the death of the said victim due to brain training ma at the F Hospital located in So-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. A death diagnosis certificate or a dead body photograph;

1. An accident scene photograph;

1. Application of accident video CD-related Acts and subordinate statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing (Scope of Recommendation) [The range of punishment] General Traffic Accidents Type 2 (Death and Injury caused by Traffic Accidents) (2 months to 1 year)] Special mitigation Zone (2 months to 1 year)] where victims have gross negligence due to the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage);

2. The sentence is ordered in full view of the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relation, and circumstances before and after the commission of the crime.

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