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(영문) 청주지방법원 2019.03.20 2019고단106
교통사고처리특례법위반(치사)
Text

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

However, 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 B-Wood vehicle.

On November 28, 2018, the Defendant driven the above car on the 13:28th day of November, 2018, and driven the D Hanwon road located in Seowon-gu, Seowon-gu, Seowon-si, Seowon-si, in the south a three-lane distance from the territorial intersection to the south a two-lane.

At that time, the restricted speed is 30 km per hour, so in such a case, the driver had a duty of care to properly see the restricted speed and to prevent accidents by accurately manipulating the steering and brakes, and to prevent accidents in advance.

Nevertheless, the defendant neglected this and proceeded with a limited speed exceeding 39 km, and the victim E (76 years of age) who gets the front wheel part of the bicycle driving on the crosswalk signal, which was driven by the victim E (76 years of age).

On November 29, 2018, the victim died due to the damage to low carbon brain in the Cheongju-si Hospital located in 776 as one circulation of the petition-gu Cheongju-si, Cheongju-si.

The Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the actual condition survey report, on-site photographs, and death certificate;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. One to five years from a credit cooperative within the scope of punishment by law;

2. Scope of the recommended sentence according to the sentencing guidelines [the determination of types] of traffic accidents in general traffic accidents [the type 2], the factors to mitigate the death of traffic accidents [the person who has a special appearance]: Reduction area of punishment (including efforts to recover damage), reduction area (including the recommended area and recommendation range), reduction area, reduction area of punishment and imprisonment without prison labor for April to one year;

3. One year, and one year, of imprisonment without prison labor sentenced; and

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