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(영문) 청주지방법원 2015.09.07 2015고단1034
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in driving of the Switzerland freight truck.

At around 12:15 on January 13, 2015, the Defendant driven the above cargo vehicle, leading to a new village entrance at the Cheongcheon-gun, Cheongcheon-gun, Cheongcheon-do, Chungcheongnam-do, Cheongcheon-do, Cheongcheon-do, to a collapse from the Cheongcheon-do.

In this case, a person engaged in the driving of motor vehicles has a duty of care to observe the tea lines and to prevent accidents by accurately manipulating the brakes and steering gear so that he/she has a duty of care.

Nevertheless, in order to overtake the above cargo vehicle by neglecting this, the defendant's negligence driven by the center line while driving it, which led to the driver's 52 years old driving of the victim E(52 years old) driving and the front portion of the left side of the cargo III, which led to the driver's driver's driver's driver's driver's operation.

결국 피고인은 위와 같은 업무상 과실로 같은 날 14:03경 충북 괴산군 괴산읍 임꺽정로 116에 있는 괴산 성모병원에서 피해자를 다발성 장기손상으로 사망에 이르게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. A report on the occurrence of actual conditions and a traffic accident;

1. Comprehensive traffic accident analysis report;

1. A written result of autopsy and postmortem examination;

1. Application of accident-related photographs and carcass-related 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. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Determination of Punishment] The reason for sentencing under Article 62(1) of the Criminal Code [The reason for sentencing] the Transport Crime Group, the General Traffic Accidents Type 2 (Determination of Traffic Accidents Death, etc.] [the scope of sentence for recommendation] mitigated area (Determination of the recommended area] [the scope of sentence for recommendation] the Defendant driving a large track from April to October without prison labor, and the victim by gross negligence, who gets involved in overcoming a central line, is the victim's life

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