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(영문) 청주지방법원 2018.09.20 2018고단1328
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a year and eight months.

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

Reasons

Punishment of the crime

On January 22, 2018, the Defendant driven B rocketing car at around 18:00, and proceeded at a speed of about 50 kilometers from the edge of the shooting distance to the speed of about 50 kilometers per hour, depending on the two-lane road near the Nowon-gu Seoul Special Metropolitan City.

At the time, the road surface was sucked at night, and there was facilities used by residents, such as stores and churches in the vicinity of the road, so the Defendant, who was engaged in driving service, had a duty of care to reduce the speed sufficiently and to properly operate the steering and steering system and to proceed with it in a safe way.

Nevertheless, the Defendant neglected to do so and did not see the front section of the vehicle, and continued to proceed with the road at the speed without sufficiently reducing the speed, and received the left-hand bridge and the left-hand gate of the victim D (the age of 86) crossing the road at the front direction of the Defendant’s course, from the front direction of the vehicle.

Around February 20:05 on February 11, 2018, the Defendant: (a) caused the victim’s occupational negligence to die in the heart of the heart due to the injury, such as the alley felth, etc., during the treatment at the Chungcheongnam-gu University Hospital located in 776, Seo-gu, Seo-gu, Young-si.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Reporting on the occurrence of a traffic accident;

1. A traffic accident report;

1. An accident scene photograph;

1. An analysis of traffic accidents;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a death certificate) and death diagnosis reports;

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 the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The sentencing guidelines [the range of recommended sentences] the two types of general traffic accidents (the death of traffic accidents) (the period from April to one year) (the person who is specially mitigated) shall also have a significant effect on the occurrence of traffic accidents or the expansion of damage.

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