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(영문) 청주지방법원 2013.05.23 2013고단486

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a rocketing car as his duties.

On October 9, 2012, at around 07:30 on October 9, 2012, the Defendant driven the said car on a one-lane road in front of the poppy, Poppy, Plow Village Center, and driven the vehicle toward the voice from the unlawful side.

At the same time, it is difficult to secure an open door on the road because there was a situation where it is difficult to secure an open door on the road, there was a duty of care to reduce the speed and to accurately operate the steering direction and brake system by well examining the right and the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected to do so and found that he was at the speed of 79 kilometers a speed exceeding a speed of 60 kilometers a speed of 79 kilometers per hour, and was at the speed of the victim C (74 years old) driving on the left side from the right side of the road in the direction of the defendant's running. However, the Defendant did not avoid the situation and was at the right side of the driver's seat of the above vehicle of the defendant's driving, and received the back wheels part of the driver's seat of the vehicle of the defendant's driving.

Ultimately, the Defendant caused the victim C to die from the above occupational negligence, namely, the injury to the two parts, and at the same time, at around 21:21 on the same day, caused the death of the victim D (the 72 years old), who is the boomer, (the f2 years old), to the E Hospital located in the Chungcheongbuk-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Transmission of a comprehensive traffic accident analysis report by the Road Traffic Authority;

1. A written request for examination of each body;

1. On-site photographs of a traffic accident;

1. Application of Acts and subordinate statutes to the submission of weather data;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

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

1. Two victims due to the violation of the defendant's duty of care for sentencing under Article 62-2 of the Criminal Act.