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(영문) 청주지방법원 충주지원 2018.09.21 2018고단423
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a sealed truck B.

On February 9, 2018, the Defendant driven the above cargo vehicle around 15:45, and led to the progress of the road near the Hah-gun C in the vicinity of the Chungcheongnam-gun from D bank to the Cheong-American intersection.

At that time, it was a road set up on the right side of the real line with the center line installed, so in such a case, there was a duty of care to safely drive on the right side and the right of the driver without driving the driver.

Nevertheless, the Defendant neglected this and tried to start up the FITI 100 Oba, which was driven by the victim E (75 tax) who was driving prior to the same line, and caused the part on the right-hand left-hand side of the Defendant’s driver’s driver’s driver’s driver’s Oba in the process.

Ultimately, the Defendant caused the death of the victim due to the Plaintiff’s occupational negligence by the respiratory hospital located in G in G in Gwangju-si on June 3, 2018 due to the Plaintiff’s second injury, etc. due to traffic accidents at the H hospital located in G in Gwangju-si, Gwangju-si, resulting in the death of the victim due to the second injury and the removal of waste.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. A survey report on actual conditions;

1. On-site photographs of traffic accidents;

1. Vehicle photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Grounds for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act concerning criminal facts;

1. The sentencing criteria [Scope of the recommended punishment] the basic area (from August to two years) (the special sentencing person) for the types of general traffic accidents and the scope of the comparative sentencing between the sentencing guidelines and the recommended types: August to 2 years; and

2. The occurrence of an accident by almost the unilateral negligence of the defendant in the decision of sentence. The result of death. The bereaved family members of the victim are not present. Liability insurance is not available. No damage is to be recovered. The sentence of imprisonment without prison labor shall be imposed in consideration of this fact, but the background of the accident and the economy of the defendant;

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