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(영문) 청주지방법원 2015.02.05 2014고단1266
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 June 21, 2014, at around 22:40, the Defendant driven a ecoos car B as of June 21, 2014, and tried to drive a two-lane road in front of the “DPC bank” located in Escoo-gu, Escoo-gu, Chungcheongnam-gu, at a speed from the right side to the right side. In such cases, it was difficult for the driver of a motor vehicle to drive the motor vehicle at night, at night, at night, at a speed beyond the road. Therefore, the driver of a motor vehicle has a duty of care to check whether there is a person driving the motor vehicle to reduce speed and drive the motor vehicle, and to check whether there is a person driving the motor vehicle in a way to safely drive the motor vehicle. However, the driver of a motor vehicle has a duty of care to check whether there is a person driving the motor vehicle by negligence going on the right side of the Defendant’s running direction, and did not find the victim E (82 years old) going on the right side of the Defendant.

Ultimately, at around 22:25 on July 14, 2014, the Defendant caused the victim’s death by occupational negligence due to multiple organ damage by blood transfusion, etc. from the Chungcheong University Hospital located in 776, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, death diagnosis reports, and accident scene 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. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da15488, Apr. 2, 2006)

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