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(영문) 청주지방법원 2015.02.12 2014고단1598
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 18, 2014, around 05:45, the Defendant driven a two-lane road in Jincheon-ro, Jincheon-gun, Jincheon-gun, Jincheon-do, Taecheon-do, which is located in the Taecheon-do, Jincheon-do, and led to the flow of the two-lane road from Jincheon-gun, Jin-do, to the Cheongju-do, along the two-lane

당시는 어두운 새벽녘이었으므로, 이러한 경우 자동차 운전업무에 종사하는 사람으로서는 전방 및 좌우를 잘 살피고 조향 및 제동장치를 정확히 조작하여 사고를 미연에 방지하여야 할 업무상 주의의무가 있었다.

Nevertheless, the Defendant was negligent in neglecting the front-time city and used on the floor by shocking the victim C (the age of 82) (the age of 82) who walked in the upper right-hand side of the Defendant driving with two lanes from the front-round road.

Ultimately, around September 20, 2014, around 12:30 on September 20, 2014 by occupational negligence, the Defendant caused the victim to die due to multiple prolonged organs and underfinite brain damage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with D; 1. Actual situation investigation report, traffic accident occurrence report, and field map;

1. A death certificate;

1. Application of Acts and subordinate statutes on the screen of on-site photographs, strings of vehicles and strings images;

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. Reasons for sentencing under Article 62(1) of the Criminal Act [Determination of Punishment] Sentencing under Article 62(1) of the Suspension of Execution Act - Traffic Crime Group, General Traffic Accident Type 2 (Death, etc. of Traffic Accidents): In a case where there is considerable fault for the occurrence of traffic accidents or the expansion of damage even to the victim, no penalty is imposed - No special heavy factors: [Determination of the recommended sphere] Special mitigated sphere / [The main reasons for suspended sentence] from February to October of imprisonment without prison labor / [the main reasons for suspended sentence] - Where death occurs: The victim shall also have a substantial effect on the occurrence of traffic accidents or the expansion of damage.

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