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(영문) 청주지방법원 충주지원 2013.11.08 2013고단587

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 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 of 1 ton cargo vehicle C.

On August 13, 2013, the Defendant driven the above vehicle at around 10:40 on August 13, 2013, and led to the intersection of the three-lane ridged ridged 3-dong ridged ridged ridged Doctrim from the ridged Doctrim, the Defendant proceeded at approximately 60km per hour, depending on the speed of the ridged Doctrim.

Since there is no signal, there was a duty of care to prevent accidents in advance by reducing speed and safely proceeding the right and the right of the driver.

Nevertheless, due to the negligence of neglecting this, the victim D (the aged 61) who entered the 3-distance intersection from the right side of the vehicle of the defendant was driven by the victim D (the aged 61).

Ultimately, the Defendant caused the death of the victim in the workplace due to the above occupational negligence due to serious brain injury.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. Photographs photographs of the scene of the accident, and photographs of the accident vehicle;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment; Article 268 of the Criminal Act; Selection of imprisonment without prison labor;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: A favorable circumstance in which the defendant's negligence causes a traffic accident and results in the death of the victim: considering the fact that the defendant agreed with the bereaved family of the victim, the fact that the defendant subscribed to a comprehensive insurance for the vehicle of this case, the fact that the defendant reflects the crime, and other circumstances, which form the conditions for sentencing as shown in the records, such as the background of the traffic accident of this case, the age, character and conduct