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(영문) 청주지방법원 충주지원 2016.09.30 2016고단491
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 a low-priced car.

On April 15, 2016, the Defendant driven the above car at around 11:40, and proceeded at a speed of about 84.9 km from the erode to the erode of the Chungcheongnam-gun of the Chungcheongnam-gun of the Chungcheongnam-gun of the Chungcheongnam-gun to the speed of about 84.9 km per hour from the erode to the erode.g.

A person engaged in driving motor vehicles has a duty of care to observe the speed limit and accurately manipulate the steering direction and brakes so that he/she can well see the right and the right and the right, thereby preventing accidents.

Nevertheless, the Defendant neglected to drive 60 km a speed exceeding 24.9 km per hour while driving a speed of 60 km a speed of 24.9 km, which is a restricted tool, and found by negligence that the Defendant: (a) obstructed the central line in order to overtake the motor vehicle without a license number of 83 ) to the port; and (b) found that the Defendant was able to run the motor vehicle on the right side of the motor vehicle in front of the motor vehicle in front of the motor vehicle.

Ultimately, around April 16, 2016, around 08:45, the Defendant caused the victim’s death by occupational negligence, from the Ganju University Woo-si Hospital, 82, to the Ganju University Woo-si Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Sending a traffic accident analysis report;

1. On-site photographs, black stuffs video CDs;

1. Application of Acts and subordinate statutes on a death report, a photo of a deceased person, or a postmortem examination report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (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;

1. Application of the sentencing guidelines [the types of decisions] traffic crimes, general traffic accidents, and Type 2 (Death, etc. by Special Sentencing): Reduction element: Non-existence of punishment (the scope of the determination of the recommended area and the range of the recommended sentence] mitigation area, the credit cooperative from April to one year;

2. Sentence;

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