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(영문) 청주지방법원 충주지원 2016.11.25 2016고단646
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 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 two cargo vehicles B.

At around 12:50 on July 24, 2016, the Defendant driven the above cargo vehicle, and led the D’s intersection along the vicinity of the D’s door, located in the Sound Group C of Chungcheongbuk-gun, to the parallel of plane string distance from the surface of the audio-Gun office to the surface of flat string distance.

Since the place was a private-distance intersection without signal, there was a duty of care to prevent accidents by safely driving the vehicle to prevent accidents by safely driving the vehicle, such as reducing the speed prior to entering the intersection and considering whether there are other vehicles seeking to pass through the intersection while living well at the front of the intersection.

Nevertheless, the Defendant neglected to proceed with the above intersection as it is, due to the negligence of the Defendant, went directly from the voice terminal room, which is the right side of the above cargo vehicle, to the left side of the voice middle school, and was driven by the victim E (the aged 79) who was driving through the above intersection, as the front part of the above cargo vehicle.

Ultimately, at around 15:45 on the same day as above, the Defendant caused the victim to die due to late stop in the vicinity of the voice group of Chungcheongbuk-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a traffic accident report, and an on-site photograph of the traffic accident;

1. The application of Acts and subordinate statutes to a written examination of corpse, a photo of a deceased person and a written examination of corpse;

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, and Article 268 of the Criminal Act.

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing guidelines (determination of types), traffic crimes, general traffic accidents, Type II (Death, etc. of Traffic Accidents): Reduction element: The area of reduction of punishment (including serious efforts for recovery of damage) (including the determination of the recommended area and the scope of sentence of recommendation), reduction area, reduction area of punishment (including the determination of the recommended area and the scope of sentence of recommendation), April to one year without labor;

2. Circumstances unfavorable to a judgment of sentence: The victim is a victim of the instant crime;

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