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(영문) 청주지방법원 충주지원 2019.11.27 2019고단548
교통사고처리특례법위반(치사)
Text

The imprisonment without prison labor for the accused shall be determined by eight months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in dump truck driving.

On June 4, 2019, the Defendant driven a dump truck around 10:0 and proceeded with the intersection in front of the Chump in the Chump road at the Chump bank at the Chump road.

Since the place is a three-distance intersection, the driver had a duty of care to prevent accidents by driving safely by safely examining whether there are other vehicles in the course of the intersection, such as reducing the speed of entry into the intersection, and putting off the intersection, etc.

Nevertheless, the Defendant, while entering an intersection, was negligent in neglecting speed while leaving the intersection, received a feti truck of the injured party E(57 years old) driving of mati truck in the direction of the eth (57 years old) in the direction of the eth (57 years old).

Ultimately, around June 4, 2019, around 11:04, the Defendant caused the victim to die by an occupational negligence, such as serious pain damage, etc. at the emergency room of the H Hospital located in G in Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. The actual condition survey report;

1. An analysis of traffic accidents (DTS);

1. A death certificate;

1. On-site photographs;

1. Application of Acts and subordinate statutes to photographs of deceased persons;

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 selection of

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including specially sponsed persons], the element of mitigation of punishment (including serious efforts to recover damage], the area of mitigation of punishment (including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), April through one year;

3. Determination of sentence: The degree of violation of the duty of care of the defendant for eight months of imprisonment without prison labor, two years of suspended execution, and its proportion;

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