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(영문) 청주지방법원 2019.01.10 2018고단2218
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the Cststststy taxi operation owned by the KAB.

On May 30, 2018, the Defendant driven the above taxi on May 30, 2018, and turned the four-lane road of the D apartment in the front of the D apartment in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu into the three-lane distance of the agricultural and fishery product market, from the enclosed-gu, the two-lane to the three-lane distance of the agricultural and fishery product market, thereby running at a speed of about 93km in the speed of the Si.

At night and its location is a section with a speed of 60 km, and in such cases, the driver has a duty of care to safely drive an accident and prevent the accident by safely driving the vehicle while paying attention to the existence of a person who drives the vehicle at night, operates the steering gear and brakes accurately, and sees the front and rear left.

Nevertheless, the Defendant neglected this and went beyond the floor to the right side of the instant taxi by neglecting the speed of 33 km or more a speed exceeding 93 km a speed of 33 km or more per hour. The Defendant got the victim E (the age of 39) who crossed without permission from the left side of the Defendant’s proceeding.

As a result, the Defendant caused the victim to die due to the above occupational negligence on June 3, 2018 at the F University Hospital located in Seo-gu, Seo-gu, Seo-gu, Young-gu caused the death of the victim due to the pressure increase in two tensions caused by cerebral cerebral cerebrovassis during treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Reporting on the occurrence of a traffic accident;

1. An accident site photograph;

1. The actual condition survey report;

1. A death certificate;

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

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, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The occurrence of, or damage to, a traffic accident to, the victim in the area of special mitigation (two to one year) (special mitigation) of the types of general traffic accidents (the scope of recommendation).

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