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(영문) 청주지방법원 2016.04.05 2015고단1659

교통사고처리특례법위반

Text

Defendant

A shall be punished by imprisonment without prison labor for one year, and by imprisonment without prison labor for ten months, respectively.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in the business of driving a motor vehicle for E Spo, and Defendant B is a person who is engaged in the business of driving a motor vehicle for F.T.

On February 19, 2015, at around 12:10 on February 19, 2015, Defendants came to proceed as one-lane in two-lanes of inland highways 194km from the Masan to the two-lane.

At the time, there was a duty of care to maintain the safety distance with the front vehicle for those engaged in driving of motor vehicles because the highway is fixed due to the temporary holiday, and to ensure the safe operation by accurately operating steering devices and brakes.

Nevertheless, Defendant A was driven in one lane due to the static body in the front section by negligence without a proper view of the front section.

The lower part of the HCR-V car driven by G is the front part of the Defendant’s Spole car, and the Defendant B, without maintaining the safety distance from the front vehicle, caused the damaged vehicle to be driven by G by shocking the lower part of the left part of the said vehicle driven by G, which is driven by G, and caused the damaged vehicle to go to the public.

Ultimately, around April 2015, around 17:50 on April 20, 2015, the Defendants caused the death of a victim K (n, 35 years of age) who was on board a CR-V car driven by G due to the foregoing occupational negligence, due to brain injury, etc. at Ariju University Hospital.

Summary of Evidence

1. The Defendants’ respective legal statements (the second public trial date)

1. Statement of the police statement related to G;

1. (1) A traffic accident report, (2) a traffic accident report, and an accident scene photograph;

1. Application of Acts and subordinate statutes of a death certificate;

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, Articles 268 and 30 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The scope of recommending the reasons for sentencing under Article 62(1) of the Criminal Act: General traffic accidents;