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(영문) 청주지방법원 영동지원 2014.03.13 2014고단61
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 one year 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 a C Poter cargo vehicle.

On November 13:54, 2013, the Defendant driven the above cargo vehicle, and proceeded with a one-lane road in the vicinity of the access road to the Gu Young Village, which is located in the recognition of the liquidation area in the Cheongcheon-gun, Chungcheongnam-do, Chungcheongnam-do.

At this point, there is a one-lane road in which the yellow-ray center line is installed, and the victim D (the 62 years old) is driving in the direction of the defendant's proceeding. In such a case, the driver of the motor vehicle has a duty of care to safely drive the steering gear and brake system in order to prevent accidents in advance by driving the motor vehicle safely, such as accurately operating the steering gear and brake system while taking care of the situation of the driving of the motor vehicle.

Nevertheless, while the defendant neglected to do so, he got out of the port while passing ahead of the above horse, he left the right side of the road with the right side of the road at the right side of the road where the defendant is driving.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the F Hospital located in the Jung-gu, Daejeon Metropolitan City, where the Defendant was under medical treatment at around November 28, 2013, due to brain training paralysis, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Reports on the occurrence of a traffic accident;

1. A comprehensive analysis of traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes for explaining photographs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment: One to five years of imprisonment without prison labor;

2. The scope of sentence recommended according to the sentencing guidelines [type of crime] traffic crimes, general traffic accidents, and death of traffic accidents (special mitigation) are also victims.

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