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(영문) 청주지방법원 충주지원 2018.06.20 2018고단31
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of Churd vehicle.

On November 11, 2017, the Defendant driven the above vehicle at around 19:25 on November 11, 2017, while driving the vehicle into one-lane near the direction of 229.4 km in the middle-in inland highway located in the central tower in the Chungcheongbuk-si, the Defendant changed the course to another two-lane.

At night, at this time, a person engaged in driving service has a duty of care to prevent accidents by accurately operating the steering direction and brakes, and by accurately operating the steering direction and brakes.

Nevertheless, the Defendant neglected this and neglected to change the vehicle from the E-Wn-Wn-Wn-Wn-Wn-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing to the two-lanes, and she was placed on the right side in order to avoid the Defendant’s vehicle moving from the one-lane to the two-lane, and was placed on the side by the front part of the damaged vehicle.

Ultimately, the Defendant caused the victim F (F) who was the passenger of the victimized vehicle due to the foregoing occupational negligence, to die at the Ganju University Woo-si Hospital on November 11, 2017, by using a low blood transfusion shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of the Acts and subordinate statutes on CDs for 1 vehicle 1-booms and video records for the incident, and the vehicle 2-booms and video CDs

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 sentencing under Article 62-2 of the Criminal Act;

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: Ineligible factors for punishment.

(c) Scope of recommending punishment: Four months to one year (reduction area) of credit cooperatives; and

3. Determination of sentence: Two years of a suspended sentence of imprisonment without prison labor for ten months; and

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