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(영문) 청주지방법원 2014.04.24 2014고단104

교통사고처리특례법위반

Text

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

except that 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

Around 05:30 on November 25, 2013, the Defendant driven the Cwing-III Cargo Vehicles as C on duty, and driven the two-lane road from the 7-distance side to the D Hospital in the speed of 30km from the 7-lane side of the Cheongju-si to the 6-lane from the 6-lane side of the Cheongju-si Airport. In such a case, the Defendant has a duty of care to take care of preventing accidents by accurately manipulating the front and rear left and accurately operating the steering and steering system of the vehicle. However, when the Defendant neglected to take part in the front right side of the said cargo vehicle, the Defendant caused the death of the victim E (51 years of age) who illegally crossed the road from the left side of the Cheongju-si to the left side of the above cargo vehicle and caused the death of the victim from the Cheongju-si Hospital on Nov. 27, 2013 to the end of the treatment of the Cheongju-si Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Application of each traffic accident report, death diagnosis report, and 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 on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da15488, Apr. 1, 2006)