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(영문) 청주지방법원 제천지원 2016.04.28 2016고단21
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK5 cars.

On December 3, 2015, the Defendant driven the above car at a speed of 06:30 on December 3, 2015, and proceeded at a speed of about 80km per hour at a speed of 80km near the entrance of Yongcheon-gun, which is 80km at a speed of 80km.

At the time, the road surface was milched. In such a case, a person engaged in driving of a motor vehicle had a duty of care to reduce the speed and properly manipulate the steering system, brakes, etc. and prevent accidents in advance.

Nevertheless, the Defendant neglected this and got the victim D (the age of 75) who was coming to a single-sea by negligence while driving the car as it was. The Defendant was the left-hand part of the said car.

Ultimately, the Defendant caused the victim to die due to cerebral cerebral injury in the workplace due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a report on internal investigation ( analysis of operational record systems);

1. Protocol of inspection;

1. A corpse death certificate;

1. Blus video restoration CDs;

1. Application of Acts and subordinate statutes to the scene photographs of traffic accidents, photographs of changeers, and photographs of restoration of booms of vehicles;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Where there is a gross negligence on the occurrence of traffic accidents or expansion of damage to the victim, even though the victim is a victim of the Class 2 (Death or Injury caused by Traffic Accidents in April or October) area (special mitigation) of the sentencing guidelines.

3.The sentence of sentence shall be determined below:

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