(영문) 청주지방법원 2018.12.19 2018고단2562

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2018.12.19 2018고단2562

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence shall be suspended for a period of two 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 a low-priced car.

On October 19, 2018, the Defendant driven the above vehicle at around 15:40 on October 19, 2018, and led to the transition of the front distance of the F, which is located in the Heung-gu E in Chungcheongnam-gu, Young-gu.

In such a case, a driver has a duty of care to prevent accidents, such as taking the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, by neglecting this, the part of the left side of the H Poter's H Poter's Poter's car driven in accordance with the new code, which was driven by the F.m. from the front side of the F.m. to the front side of the Defendant's vehicle due to shocking the front side of the damaged vehicle and allowing the damaged person to leave the road, and at the same time, to remove the damaged person from the vehicle.

Ultimately, the Defendant caused the death of the victim on the same day as the above occupational and practical life.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of the Acts and subordinate statutes governing cryphographs and motion pictures for damaged 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: The sentence shall be determined as per the order, comprehensively taking into account the following circumstances: (a) the victim’s fault appears to be against his fault; (b) the victim’s bereaved family members want to find the Defendant’s wife against the Defendant; and (c) there is no previous conviction exceeding the fine; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (c) the conditions before and after

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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