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(영문) 청주지방법원 2014.04.25 2014고단238

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaging in driving a C-si.

On January 9, 2014, at around 04:47, the Defendant driven the above taxi, and led the four-lane road ahead of it to the intersection of the shooting distance in the Cheongju-gu, Chungcheongnam-gu, Chungcheongnam-gu, Hoju to the left right-hand turn at about 20km each hour from the edge of the string distance.

At the time of night, there was an intersection where signal lights are installed, so there was a duty of care to reduce speed for those engaged in driving service, to live well on the right and the right and the right, and to operate safely in accordance with good faith.

Nevertheless, the Defendant neglected this and neglected to turn to the left even when the former stop signal, but neglected it, and caused the front part of the victim D's MOAGE 125CC 125CC driving from the right edge of the front part of the said taxi to the right edge of the instant taxi.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by the injury of the two parts of the depression and the chest damage in the G Hospital located in Cheongju-gu G Hospital Geng-gu, Youngdong-gu, Godong-gu, which was under the aftermathic treatment at around 05:20 on January 9, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), (2);

1. A death certificate;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. Reasons for sentencing (Sentencing Criteria) under Article 62-2 of the Criminal Act for each order to provide community service and attend lectures (Sentencing Criteria) / Transport crimes / General traffic accident (Type 2): Reduction element of a traffic accident (special sentencing person): Reduction element (Recommendation and Recommendation Sentence), Reduction element, 4 months to 10 months [Suspension of Execution], main reasons for the suspension of execution from April 1 to 10 months]: It is decided as per the disposition on the grounds that the punishment is not more than the amount of punishment.