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(영문) 청주지방법원 2017.05.17 2016고단2761
교통사고처리특례법위반(치사)
Text

[Defendant A] The defendant is punished by imprisonment without prison labor for six months.

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

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in driving a C-learning car.

On September 1, 2016, at around 19:50, the Defendant proceeded along two lanes from the front of the Cheongju-si, the Cheongju-si, the Cheongju-si, the Cheongju-si, the Cheongju-si, the Cheongju-si.

At the time, since it is night and surrounding areas, in such cases, a person engaged in driving of a motor vehicle has a duty of care to take care of the movement of the preceding motor vehicle by reducing speed and thoroughly operating the front time, and to prevent accidents in advance by accurately operating the steering direction and brake system of the motor vehicle.

Nevertheless, the Defendant neglected this and found the Victim F (47 years old) who was gleep in the front bank due to negligence, and did not avoid it, thereby receiving a part of the victim F (47 years old) in front of the right side of the passenger car.

After all, the Defendant caused the death of the victim from the above occupational negligence, namely, the two colons complex.

2. Defendant B, around September 1, 2016, driven a car driving vehicle with Gone Star Sick without obtaining a driver’s license from around 13 km section from the front of the apartment site, which is located in the deep-gu new rate, Seowon-si, Chungcheongnam-si, Chungcheongnam-si, Cheongwon-si, and the front of the apartment site at the same time from the front of the apartment site to the rear-gu, the same time-gu, Seoul, without obtaining a driver’s license from the 13km section of the apartment site.

Summary of Evidence

To the Defendants’ legal statement H traffic accident report in the police statement report, actual condition investigation report, and photographic body death certificate B’s application of the laws and regulations on the driver’s license ledger for automobiles

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Defendant B who choose a imprisonment without prison labor: Article 152 Subparag. 1 and 43 of the Road Traffic Act, and the choice of a fine;

2. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B).

3. Article 62(1) of the Criminal Act (the defendant A) of the suspended execution (the defendant's mistake reflects his fault).

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