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(영문) 청주지방법원 2015.11.12 2015고단1597
교통사고처리특례법위반
Text

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

except that 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

On July 9, 2015, at around 07:45, the Defendant operated a cargo truck B as B on duty and made it left to the left at the same two sides of the old Cheong-gu, Song-gu, Song-gu, Song-gu, Song-gu, Cheong-do to return to the left. In the same way, the Defendant discovered a D-observer car operated by C to enter the said intersection at the same time, and the Defendant has a duty of care to reduce the speed and to drive it safely by taking into account its attitude well. However, even though the Defendant neglected to do so, the front part of the said observer car entering the intersection, which is the front part of the said cargo vehicle, and the front part of the said observer car, which enters the intersection, was slick and lick.

Ultimately, the Defendant caused the death of the victim E (the age of 61) who was on board the said observer car due to the above occupational negligence at the heart around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the police with respect to C and F;

1. Application of the traffic accident report, autopsy report, and Acts and subordinate statutes on the scene of accident;

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. Application of the sentencing guidelines under Article 62 (1) of the Criminal Act (the term "victim" means that he/she has died at the heart of the heart according to shock, not on credit, and that he/she is partly responsible for the occurrence of damage to his/her offspring, the vehicle of the defendant is covered by a comprehensive motor vehicle insurance, the vehicle of the defendant is covered by a comprehensive motor vehicle insurance, the victim's family members and the bereaved family members, the primary offender, the social relationship is clear, the social relation is clearly divided in depth, etc.) [Determination of type] Traffic crime, general traffic accident, and type 2 [Special Contributor] mitigated elements: Reduction area of punishment [Scope of Recommendation], reduction area, reduction area, imprisonment without prison labor for not less than 4 months and not more than 10 months;

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