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(영문) 청주지방법원 영동지원 2016.05.26 2015고단299
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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-A-hurd motor vehicle.

On September 24, 2015, the Defendant driven the so-called "hurd vehicle of the upper half of the day" around 12:30 on September 24, 2015, and led to the two-lane road of the two-lane adjacent to the 1-lane 20-lane Don-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do along the two-lane Don-do along the two-lane Don-dong Don-dong Don-dong Don-dong.

In this case, there was a duty of care to safely drive a person engaged in driving a motor vehicle by checking the right and the right of the front.

However, the Defendant neglected to do so and neglected the duty to see 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 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 interest of

Ultimately, the Defendant caused the death of the victim by his occupational negligence during the course of being sent back to the Hanlim University-dong Amsung Hospital and received medical treatment. On November 24, 2015, around 01:03, the Defendant caused the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a comprehensive analysis report on traffic accidents;

1. A medical certificate or death certificate;

1. Application of Acts and subordinate statutes to the next inquiry session;

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. Application of the sentencing criteria [the types] applicable to traffic accidents in general: Class 2 (Death, etc. by Special Sentencing) (including the area of recommendation and sentence), the area of mitigation of punishment (including serious efforts to recover damage), the area of mitigation of punishment (including the area of recommendation and sentence), the area of mitigation of punishment, and the area of imprisonment without prison labor for not less than four months but not more than one year;

2. The decision of sentence has caused a traffic accident by negligence by the defendant who neglected his duty of care in the front place, and the result is that a child is the death of the victim.

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