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(영문) 청주지방법원 영동지원 2018.04.05 2017고단191
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for 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 three cargo vehicles in C.

On November 18, 2017, at around 20:40, the Defendant operated the national highway No. 4 lanes in front of the Ecomhere-gun, Chungcheongnamcheon-gun, Chungcheongnamcheon-gun, and proceeded at a speed of about 70 km per hour from Daejeon to Young-dong, along the two lanes from Daejeon-do.

At the time, there was a crosswalk at night and at the front of the direction, so in such a case, there was a duty of care to prevent accidents in advance, such as: (a) a person engaged in driving of a motor vehicle was able to live well in the front and right-hand situation; and (b) a person operating a motor vehicle, who properly operates the steering gear and

Nevertheless, when the defendant neglected the duty of the front-way driver, he was found to have the victim F (F, 68 years old) who crossed the crosswalk without permission from the left-hand side of the right-hand side in the direction of the finish-way, while neglecting the duty of the front-way driver.

Ultimately, the Defendant caused the victim’s death by occupational negligence immediately after the accident, such as a pelle and an external wound, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a description of photograph;

1. A death certificate of a corpse, a photograph of a dead body, and a written record of the autopsy;

1. Application of CCTV image data 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;

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;

1. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] shall be limited to the range of the ordinary traffic accident [the person who is subject to special sentencing](the person who is subject to special sentencing] mitigation element: in the event that there are considerable negligence on the occurrence of traffic accidents or the expansion of damage to the victim, the victim is not subject to punishment (including the recommended area and sentence] mitigation range, reduction range of imprisonment without prison labor for not less than two months and not more than one year (at least two special mitigation persons), and thus, the lower limit of the sentence scope is set.

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