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(영문) 청주지방법원 충주지원 2016.06.10 2016고단150

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The defendant is a person who drives a cargo vehicle C, called C.

On January 30, 2016, the Defendant driven the above cargo vehicle around 10:04, and proceeded at a three-lane road near the 244.4km in the vicinity of the Southern Highway, and at the speed of about 60km in the direction of the city according to three-lanes in the direction of the seaside.

In this case, the driver of the motor vehicle has the duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle, such as securing the safety distance from the motor vehicle that was driven on the front side and operating the steering and steering system accurately.

Nevertheless, the Defendant was negligent in neglecting this and driving the Defendant D(44) on the part of the victim (44) in the right direction of the Madern Cargo Vehicle.

E The back part of the cargo vehicle was received as the front part of the cargo vehicle's right-hand part.

Ultimately, the Defendant caused the victim F (55 years) who was on board the above cargo vehicle due to the above occupational negligence to die immediately with the heart mar, and caused the said victim D to die with the trauma marc fever at the National University Hospital in Gwangjin-gu, Seoul Special Metropolitan City around 15:25 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the G production;

1. A survey report on actual conditions;

1. Each body death certificate;

1. Application of Acts and subordinate statutes governing video images of accidents;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing guidelines [the type of determination] traffic crimes, general traffic accidents, and type 2 (the resulting in a traffic accident) (the person who is subject to special sentencing] mitigation factors: The area of mitigation of punishment is not subject to punishment [the scope of determination and sentencing of recommendations];