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(영문) 청주지방법원 충주지원 2015.08.21 2015고단154

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 B Poter cargo vehicles.

On January 16:50 on January 31, 2015, the Defendant driven the above cargo vehicle at a speed of approximately 100 kilometers per hour depending on the speed of 100 kilometers per two-lanes of speed, at a 246.9 kilometers in the parallel parallel direction of the mid-to-face inland Highway located in the gular village of the west-gun, Chungcheongnam-gun, Chungcheongnam-do.

At this point, since the Defendant was driving a vehicle loaded with heavy cargo, the Defendant, who is engaged in driving duty, had a duty of care to safely manipulate the front and rear left, and prevent the accident by safely manipulating the steering direction and brake system.

그럼에도 피고인은 이와 같은 주의의무를 태만히 한 채 만연히 진행한 과실로 커브를 돌다가 차량이 흔들리는 것을 느끼고 브레이크를 밟았으나 제동이 되지 않고 차량이 좌측으로 쏠리면서 피고인의 차량 좌측 앞 범퍼 부분으로 중앙분리대를 들이받고, 그 충격으로 차량이 우측으로 튕겨 나가면서 다시 피고인의 차량 우측 앞 범퍼 부분으로 2차로 우측에 설치되어 있는 옹벽을 들이받아 차량이 전도되게 하였다.

Ultimately, the Defendant suffered injury to the victim C, who was accompanied by the Defendant’s occupational negligence, due to the injury of cerebrovascular surgery, where the number of days of treatment is unknown, and caused the victim to die by brain escape at Samsung Seoul Hospital located in Gangnam-gu Seoul, Gangnam-gu, Seoul on February 3, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A E-document;

1. A traffic accident initial action report, each photograph, actual condition survey report, death certificate, postmortem examination report, autopsy certificate, industrial accident compensation insurance report, medical certificate, and operation certificate;