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(영문) 청주지방법원 2019.02.15 2018고단3037
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-to-car.

On October 23, 2018, the Defendant driven the above vehicle at around 23:30, and led the two-lane road in front of the petition-gu, Cheongju-si, to go straight along the two-lane road in front of the petition-gu, Cheongju-si, from the viewing room to the viewing room.

In this case, there was a duty of care to prevent accidents, such as making a person engaged in driving service a well-brupt, accurately operating the steering gear and operating the steering gear at a restricted speed of 50km/h, and making it possible to prevent accidents due to the restricted speed.

Nevertheless, due to the negligence of running over 75km/h of a limited speed exceeding 25km/h, the victim D (n, 21 years old) who walked the crosswalk on the right side of the direction of the defendant's proceeding, walking the crosswalk on the right side of the direction of the defendant's proceeding, will go beyond the floor.

Ultimately, the Defendant suffered injury to the victim E (Nam, 18 years of age) who is the passenger of the Defendant’s vehicle, due to the foregoing occupational negligence, for approximately three weeks, such as fluoral dume, which requires a medical treatment, and at the same time, caused the victim D to death due to cerebral cerebral cerebralcular in the F Hospital’s middle-patient hospital around November 20, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A traffic accident analysis report;

1. A death certificate and a medical certificate;

1. Application of Acts and subordinate statutes to each accident site photograph, and photograph of a changeer;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act: The circumstances in favor of the defendant's excessive result of death and bodily injury are considered to reflect his mistake, the bereaved family members and E do not want punishment against the defendant, and the first offender.

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