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(영문) 청주지방법원 2017.03.15 2017고단190
교통사고처리특례법위반(치사)
Text

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

However, the execution of punishment shall be suspended for a period of 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 low-speed car.

On October 13, 2016, the Defendant driven a high-speed car around 10:55, and operated the road in front of the Dong community service center, which is located in the new base of the petition, at the time of the Chungcheongbuk-si, in the front of the Dong community service center, from the intersection of the Cheongbuk-gu church to the new seat of the Dong.

Since there is a crosswalk, there was a duty of care to check whether a person engaged in driving service has a road by reducing speed and by properly examining the right and the right of the road, and to safely drive the road in accordance with the new subparagraph.

Nevertheless, the Defendant neglected to do so and found the victim C (A, 77 years old) who was standing a crosswalk on the right side from the left side of the running direction of the said car due to negligence, and did not avoid it, and the Defendant was driving with the part of the front part of the said car driving by the Defendant.

Ultimately, the Defendant caused the victim’s death with the same day’s external wound by occupational negligence as above.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement, report on the occurrence of traffic accidents, report on actual condition investigation, on-site inspection records;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Reasons for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service order [the scope of recommended punishment] and the grounds for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommended punishment] the mitigation area (4 months to 1 year), [the person who is specially mitigated] the punishment not to punish [the person who is sentenced] [the decision of sentence] is very serious as the victim dies, and the defendant's negligence

However, the defendant reflects the wrong, the victim's bereaved family does not want the defendant's punishment by mutual consent with the victim's bereaved family, and the defendant's primary crime that has no record of criminal punishment so far shall be considered as a favorable sentencing factor, and the defendant's age and age.

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