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(영문) 청주지방법원 2016.03.29 2015고단1077

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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

On October 15, 2014, at around C19:10 on October 15, 2014, the Defendant driven a cargo truck of C1 ton of C1 tons and proceeded in front of the village entrance into the village, with a diversh distance from the diversh surface at a diversh level.

At night, the victim D(70) was driven by the bicycle driving in the front direction of the defendant, and thus, the driver of the motor vehicle had a duty of care to prevent the accident in advance by accurately manipulating the front door and the right and the right and the right and the right and the right of the driver of the motor vehicle.

Nevertheless, the defendant neglected this and went beyond the floor by shocking the back part of the bicycle on the right side of the cargo of the defendant, which is due to the negligence of proceeding.

Ultimately, around August 11, 2015, the Defendant caused the death of the victim who was receiving treatment from the F Hospital located in the Heung-gu Seoul Metropolitan Government E due to the foregoing occupational negligence due to the multi-life long-term injury.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents and on-site photographs;

1. Application of Acts and subordinate statutes to each medical certificate and death certificate;

1. Relevant Acts 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 the sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures [the scope of recommended punishment] The basic area (the grounds for major sentencing is from August to January) of the two types of traffic accidents (the grounds for major sentencing] [the grounds for major sentencing] (the grounds for main sentencing): The circumstances that are favorable to the failure to agree with the bereaved family members of the victim: active relief measures were taken; the victim was paid insurance money; the victim was deposited with a comprehensive motor vehicle insurance; the victim deposited 2 million won for the victim's bereaved family members; the victim reflects errors; the victim has no history of punishment other than the one-time fine;