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(영문) 청주지방법원 2015.01.06 2014고단1400

교통사고처리특례법위반

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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 who is engaged in driving a walp-on truck with a ton of F.

At around 13:50 on September 14, 2014, the Defendant driving the said vehicle on the street in order to drive the said vehicle in order to drive the said vehicle on the Hoju-si G in a considerable area of the Cheongju-si, and proceeded at approximately 60 km per hour on the side of the U.S. room with the mountain slope.

At the time, a bicycle driven by the victim I (the age of 81) is being driven in the same direction on the front side of the defendant's vehicle, and thus, a person engaged in driving of the motor vehicle is obliged to take care of the bicycle well, secure a sufficient safety distance, and drive the bicycle safely.

Nevertheless, the Defendant neglected this and went to the left side of the bicycle beyond the center line in order to overtake the bicycle of the victim, and the Defendant did not avoid driving the bicycle above the center line and did not turn to the left at the right side of the bicycle, and shocked the Defendant's front part on the right side of the vehicle.

Ultimately, around 10:00 on September 16, 2014, the Defendant died of the victim due to the above occupational negligence from the J Hospital to the two parts.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The actual condition survey report;

1. A death certificate;

1. Application of Acts and subordinate statutes governing accident sites and vehicle photographs;

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

1. Selection of alternative imprisonment without prison labor;

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

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

1. The instant accident occurred while the Defendant attempted to overtake by breaking the center line of yellow-ray, which led to the death of the victim.

However, the victim is also at fault of causing traffic accidents or expanding damage, and the victim's bereaved family members and the bereaved family members are able to commit it.