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(영문) 청주지방법원 충주지원 2016.11.04 2016고단237
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 who is engaged in driving a D-Wood vehicle.

On November 26, 2015, the Defendant driven the above car at around 19:50, and driven the two-lane road in front of the Friju-gun E, Chungcheongnam-gun, Chungcheongbuk-do, at the speed of about 74 km per hour from the king-Eup to the front of the Friju-gun.

At the time of night, it was difficult to see at night, so there is a duty of care to prevent accidents in advance by reducing the speed and accurately manipulating the steering direction and brakes while living well on the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected to do so and went on to the left-hand side of the right-hand side of the course and received the victim G (the age of 13) who crossed the said road as the front side of the said car.

As a result, the Defendant caused the victim to die due to cerebral cerebral cerebral cerebral cerebral cerebrala and cerebral cerebral cerebral injury at the Hanju-ro 20, Hanju-si, Hanju-si on December 20, 2015 due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Sending a traffic accident analysis report;

1. Blue boxes and video CDs;

1. All on-site photographs and vehicle photographs;

1. Application of Acts and subordinate statutes to death certificate or photographs of the deceased;

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, 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 for providing community service and attending lectures;

1. Application of the sentencing guidelines (determination of types), traffic crimes, general traffic accidents, types II (Death, etc. of traffic accidents): Where the victim has a substantial negligence in the occurrence of a traffic accident or the expansion of damage (the scope of determination of the recommended area and the balancing of recommendations), reduction area, period between April and one year by imprisonment without prison labor;

2. Circumstances unfavorable to a decision of sentence: The defendant is the victim immediately before an accident occurs;

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