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(영문) 청주지방법원 충주지원 2018.07.25 2018고단153
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 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 cuss car in B.

On January 28, 2018, the Defendant driven the above car at around 22:07, and proceeded 4351 and the advanced three-distance road at the Jung-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongbuk-do, with a view to a view to a large range of distance from the border of the Korean traffic.

At the time, the speed limit was 80 km per hour, and the crosswalk was installed, so there was a duty of care to safely drive a driver of the vehicle by complying with the speed limit and properly manipulating the steering and brake system by properly manipulating the steering and steering system.

Nevertheless, the Defendant neglected to do so and proceeded at a speed equivalent to 118km per hour, and caused the Defendant to go on the right side of the victim C (56) who crosses the crosswalk to the right side from the left side by violating the pedestrian signal in the front side.

Ultimately, the Defendant caused the victim to die by the occupational negligence above, while receiving medical treatment from the scargic hospital in the scargic Republic of Korea around February 13, 2018, the Defendant caused the victim’s death by the multiple maximum period of time due to traffic accidents.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A traffic accident analysis report;

1. A death certificate;

1. Application of the Acts and subordinate statutes governing the scene photographs of the accident, photographs near the scene of the accident, and CDs-type video storage;

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 on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Determination of types: Two types of ordinary traffic accidents;

B. Special sentencing factors: the occurrence of a traffic accident or damage to the victim, who is not punishable (a mitigated factor) or the victim.

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