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(영문) 청주지방법원 제천지원 2017.02.09 2016고단512
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above sentence shall be suspended for three 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 a bus C.

On October 8, 2016, around 00:18, the Defendant came to proceed at approximately 71 km each speed from each two sides of the common elementary school in the parallel of Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnamyang-gu, Chungcheongnamyang-do, at the speed of about 71 km each other depending on the two-lane road from each two sides of the bank.

At the time, the level of speed was 60 km per hour as a child protection zone, and at the time, the surface was milched, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle at 48 km per hour, which reduces the maximum speed of 20 km.

Nevertheless, the Defendant was negligent in driving more than 23 km speed than the speed limit and caused the victim D (52 ) who turn to the left from the north-west side to the left-hand side of each Pond-down. The left-hand side of the E-learning passenger car driven by the Defendant was driven by the front-way driver of the said bus.

Ultimately, the Defendant caused the death of the victim F (the age of 51) who was accompanied by the victim D and the frighting passenger car due to the above occupational negligence due to brain injury in the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H and I;

1. A report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, and an investigation report (verification of restrictions on the location of the accident);

1. An analysis letter on the speed of traffic accidents;

1. A death certificate of D, and a death certificate of F with respect to the dead body;

1. Blucing video c.

1. Application of Acts and subordinate statutes to traffic accident photographs and photographs of defense counsels;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with a heavier penalty);

1. Selection of a credit cooperative without prison labor for punishment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) and the age, occupation, and occupation of the accused.

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