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(영문) 청주지방법원 충주지원 2014.07.25 2013고단804
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 driving of a motor vehicle D class III.

Around 10:35 on September 3, 2013, the Defendant driven the above cargo vehicle, and led the front road of the voice pharmacy located in the voice-raising Eup Eup/Myeon in the Chungcheongbuk-gun to proceed to about 10km in the speed of Si/Gun/Gu from the boundary of the pharmacy in advance. Since the location is an intersection without signal, the Defendant had a duty of care to safely drive the vehicle by reducing speed and checking the right and the left and right of the vehicle.

Nevertheless, the Defendant neglected to do so and got the victim F (76 years old) who is crossing the cargo vehicle to the left-hand side from the running direction of the said cargo vehicle to the left-hand side of the said cargo vehicle due to the negligence in the course of the business, which led the victim to the death of the victim at the G Hospital on September 23, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Results of the verification of CCTV images CDs in the event of an accident in this Act;

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

1. An accident site photograph;

1. Application of Acts and subordinate statutes to a death certificate prepared by a doctor I;

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

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

1. The assertion and determination of the defendant and his defense counsel under Article 62-2 of the Social Service Order Criminal Act and the defendant and defense counsel asserted that there was no negligence of the defendant in the occurrence of the instant accident.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., the victim is an old female, and the defendant was capable of sufficiently discovering the victim prior to the accident, and in such cases, the defendant was the defendant.

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