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(영문) 청주지방법원 충주지원 2016.07.08 2016고단161
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a D-port cargo vehicle.

On October 13, 2015, the Defendant driven the above cargo vehicle at around 10:30 on October 13, 2015, and passed the intersection of the private distance in front of the building 1622, in the voice of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, by the rapid speed of about 54 km from the surface of the Camastrogate to the scopic elementary school.

At this point, there was a special duty of care to reduce the speed and to prevent accidents by accurately operating the steering direction and brakes in order to prevent accidents in advance by examining whether there is another vehicle in the vehicle driving service who intends to pass through the intersection.

Nevertheless, the Defendant neglected to do so and went through the above intersection due to the negligence of the Madern Union's negligence on the front side of the said cargo vehicle, and received the part of the left side of the injured party E (83 ) driving the F large Cordidi, which was going through the above intersection, from the front side of the said cargo vehicle.

Ultimately, the Defendant caused the victim to die from the above occupational negligence in the H hospital located in the Y G in the Chungcheongbuk-gun G around 12:45 on the same day by shock.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions and photographs on each site;

1. A death diagnosis report, a photograph of the deceased, or a postmortem report;

1. Application of Acts and subordinate statutes to traffic accident analysis;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment (Selection of Imprisonment without prison labor)

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing guidelines [the types of decisions] traffic crimes, general traffic accidents, and Type 2 (Death, etc. by Special Sentencing): Reduction element: Non-existence of punishment (the scope of the determination of the recommended area and the range of the recommended sentence] mitigation area, the credit cooperative from April to one year;

2. Circumstances unfavorable to the determination of sentence: The defendant recognized and reflected the instant crime, which is advantageous to the fact that the result of the death of the victim was incurred due to the instant crime.

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