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(영문) 청주지방법원 충주지원 2019.08.20 2019고단373
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-to-pur vehicle.

On June 5, 2019, the Defendant driven the above car at around 19:20, and was driving the YY on the YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY,

Since the place is where a central line is installed, a person engaged in driving of a motor vehicle has a duty of care to thoroughly see the front line and to safely intern in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and neglected to follow the red signal signals, and got a two-wheeled automobile of the victim C(70 years old) driving that was directly driven in Madle and Madle in the middle line, and received two-wheeled automobile as the part of the Defendant’s car.

Ultimately, the Defendant caused the victim's death by occupational negligence on the same day due to the acute flachising type of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs of the traffic accident;

1. The actual condition survey report;

1. A report on the image analysis of witness vehicles;

1. Information about the intersection operation;

1. Application of the Acts and subordinate statutes governing field black boxes and video CDs in traffic accidents;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Sentencing (Scope of Recommendation) range of general traffic accidents: Types II (Death resulting from Traffic Accidents) (4 to one year), the area of mitigation (including specially mitigated persons), the area of punishment not to be imposed (including serious efforts to recover damage): 4 months to one year;

2. The circumstances leading up to the determination of the sentence, the details and degree of the violation of the duty of care, the victims of the accident without any error, and the occurrence of the accident due to the invasion of the central line of the intentional safety zone, not the actual cost of ordinary vehicle operation.

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