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(영문) 청주지방법원 2015.11.23 2015고단546 (1)

교통사고처리특례법위반등

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a liquid cargo vehicle C.

On October 14, 2014, around 09:30 on 09:30, the Defendant proceeded with six-way roads of Love Village Apartment, which are located in 23 roads, Cheongju-si, Cheongju-si, Cheongju-si, with treatment apartment face.

At this point, the defendant is a one-lane road after parking at the edge of the road, and the defendant started at the center of the road, so there was a duty of care to safely drive the vehicle and prevent the accident by securing the safety distance after checking whether there is a vehicle driving on the road.

Nevertheless, the defendant neglected to do so and proceeded on the road as it was operated by the victim D (the age of 77) who was proceeding with the above road by negligence, and received the right side of the E-to-hand cargo loaded on the left side of the E-to-hand cargo vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, i.e., blood transfusions without an open room within 8 weeks of medical treatment, and at the same time damaged the property to cover approximately KRW 163,000 of repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Comprehensive traffic accident analysis report;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning the crime;

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

1. The defendant's error in sentencing the sentencing of the alternative imprisonment without prison labor has resulted in a significant decrease of the victim's head. Nevertheless, the defendant did not receive a victim's letter, and the family members of the victim want to be punished against the defendant.