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(영문) 청주지방법원 2018.07.27 2018고단1274
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 14 tons of treating B, a stable truck.

On May 15, 2018, around 02:05, the Defendant continued two lanes 200 meters far ahead of the “Tr3-lane” road located in Cheongcheon-si, Cheongju-si, in the direction of the “Tropical three-lane” from the “Tropical three-lane,” toward the “Tropical three-lane.”

At night, a person engaged in driving of a motor vehicle has a duty of care to check the safety of the course by checking well the right and the right of the front side of the motor vehicle, to accurately operate the steering gear and the operation of the steering gear, to prevent accidents in advance, such as controlling speed in advance and safe driving.

Nevertheless, the Defendant failed to discover the victim C (81) who was walking on the road at the same time due to the negligence of neglecting this, and received the front part of the truck.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, i.e., double alleys from the seat.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A death certificate;

1. On-site photographs, vehicle photographs, carcass photographs, and photographs of a black stuff;

1. Application of the video CD-related Acts and subordinate statutes

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 Article 62(1) of the Criminal Act: Circumstances favorable to the defendant's negligence that the victim died: the victim's bereaved family members and the bereaved family members agreed smoothly, the victim's negligence appears to have occurred because the victim was involved in the accident that is walking along the roadway, and the primary offender is the defendant's age, sexual behavior, environment, motive, means, results, and circumstances before and after the crime shall be comprehensively considered in light of the above circumstances.

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