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(영문) 청주지방법원 2019.05.01 2018고단2441
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BScar car.

On July 27, 2018, at around 20:20, the Defendant proceeded two lanes in front of the Jincheon-gun C apartment in the Jincheon-gun, Chungcheongnamcheon-do, Chungcheongnamcheon-do, at a speed of about 105 km per hour according to one-lane of the new distance from the boundary of the Dincheon-gun, Jincheon-gun, Seoul.

At the time, night and its restricted speed is 60 km per hour, so in such a case, there was a duty of care to prevent accidents by properly manipulating the steering direction and brake system by complying with the restricted speed and properly monitoring the steering force and brake system.

Nevertheless, the defendant, by negligence in the course of his duties, who neglected to speed up and speed up the road from the right-hand side to the left-hand side of the road due to the course of his occupational negligence, was immediately driven to avoid the victim E (at least 53 years old). However, the defendant was not faced, and the defendant was faced with the victim by the front part of the car driven by the defendant.

Ultimately, the Defendant caused the victim’s death by occupational negligence as a result of multiple and long-term damage in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the relevant statutes for delivery of a traffic accident investigation report, accident site photograph, death diagnosis report, and traffic accident analysis report;

1. Grounds for sentencing under Article 3 (1) of the relevant Act on Criminal Facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

1. Scope of punishment: One month to five years of imprisonment without prison labor;

2. The scope of recommendations on the sentencing criteria [decision of types] the basic area [decision on the recommended area] the basic area (decision on the recommended area] of types 2 (Determination of the Death of Traffic Accidents, etc.] shall be from August to two years without prison labor.

3. Determination of sentence: A normal condition unfavorable to 8 months of imprisonment without prison labor: The victim's bereaved family members want to make a severe punishment against the defendant; and a normal condition in which the defendant much exceeds 60km/h, which is favorable to 105km/h: the victim's negligence is concurrent.

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