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(영문) 청주지방법원 2018.08.07 2018고단345
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Punishment of the crime

On November 2, 2017, the Defendant driven a sports cargo vehicle B B B at a speed of about 60 km from the side of Heungsan-gun, Cheongsan-gun, the Defendant proceeded with the first road in front of the entrance of the Cheongdo village at the Cheongdo-ro, Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, the Cheongdo-do-ro, at the speed of about 10 km from the side of Heung to the king.

At the time, at night, the entrance and bus stops were located in the vicinity of the above road, and it was still time to operate the route bus, so there was a duty of care to make the Defendant engaged in driving service with a duty of care to reduce speed sufficiently and to conduct it in a safe way by checking well the right and the right of the front

Nevertheless, the Defendant neglected this and proceeded without checking the right side of the road at a speed, and was left from a bus stop near the road at the port of the Defendant’s proceeding to the right side of the road (e.g., 58 years old). The Defendant was faced with the body of the victim C (e.g., 58 years old).

The Defendant caused the victim to die due to the above occupational negligence due to the damage to the two parts during the transmission of the hospital at around 20:32 the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to survey reports on the actual condition of a traffic accident, reports on the occurrence of a traffic accident, photographs at the scene of an accident, death certificate, postmortem records, and photographs of a dead

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 (the point agreed with the bereaved family members, the degree of negligence, the degree of negligence, the first offense, etc.);

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