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(영문) 청주지방법원 영동지원 2014.02.27 2013고단179

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of fixed cargo C.

On August 6, 2013, the Defendant driven the above cargo vehicles around 10:30 on August 6, 2013, and led to the left turn to the left at the seat of the military office in the jurisdiction of the office of the Gun north-do.

Since there was a non-protective left-hand crossing with the signal apparatus, there was a duty of care to prevent the accident in advance by driving safely according to the traffic signal to the driver of the vehicle.

Nevertheless, the defendant neglected this and received the front part of the EVL125 Oba, which the victim D (the age of 58) drives in the opposite opposite opposite lane due to the negligence of left-hand turn on the red signal in violation of the signal, as the front part of the cargo vehicle driven by the defendant.

As a result, the Defendant caused the death of the victim D from the above occupational negligence to a cage cage at the same place, and at the same time suffered injury to the victim F, who was on board the above cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage c

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report;

1. A traffic accident occurrence report;

1. A copy of the autopsy;

1. A copy of the response letter;

1. A copy of each medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) 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 (the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with heavy circumstances);

1. Selection of alternative imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment: One to five years of imprisonment without prison labor;

2. The scope of sentence recommended according to the sentencing criteria (type of crime), traffic crimes, general traffic accidents, and traffic accidents.