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(영문) 청주지방법원 2015.07.03 2015고단617
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle with D class III cargo.

On October 26, 2014, the Defendant driven the above cargo vehicle around 00:10, and operated a sand-ro path from the dives of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do into an increased air level.

At the time of night, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering gear and steering the steering gear by accurately operating the steering gear.

Nevertheless, the defendant's negligence of driving a vehicle while neglecting the front-time, and caused the middle-road gate, which was set up on the right side of the road in the direction of the defendant's running, to be the front part of the

In the end, at a F Hospital located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, on the same day, the Defendant caused the death of the victim G (the age of 54) who was aboard the Defendant’s cargo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A postmortem report and a written result of autopsy;

1. Application of field photographs, dead bodies photographing statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

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

1. The victim’s bereaved family members were agreed upon by making a serious effort to recover damage from the reason for sentencing and the bereaved family members do not want the Defendant’s punishment.

As the result of the death of the victim is severe, the sentencing guidelines for traffic crimes shall be determined within the range of the sentencing guidelines recommended by the Sentencing Committee, taking into account all the conditions of sentencing, such as the health conditions of the defendant, the age, character and conduct of the defendant, the relationship of the victim, the result of the crime, etc.

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