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(영문) 청주지방법원 충주지원 2013.09.27 2013고단381
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 of a fixed truck C.

On May 7, 2013, at around 05:20 on May 7, 2013, the Defendant driven the above cargo truck, leading the intersection distance in the Chungcheongnam-si, Chungcheongnam-si, to the intersection of way.

At the time, there was on-and-off signal on the front direction of the defendant's proceeding, so the defendant had a duty of care to temporarily stop immediately before entering the intersection and to take care of other traffic.

Nevertheless, the Defendant neglected to stop while red signal, etc. is on-and-off without temporarily suspending, and due to the negligence of the Defendant’s cargo truck’s failure to stop, left side of the victim D (the age of 66) who was driving from the pit to the same village distance from the front part of the truck of the Defendant, was driven by the victim D(the age of 66).

Ultimately, at around 15:00 on May 14, 2013, the Defendant caused the death of a victim who was receiving treatment from a F Hospital at F Hospital due to the debrising crym crym crym fry and the crym frym fry, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has resulted in a traffic accident involving a victim who was on board a dub by negligence in violation of the signal and resulting in the occurrence of the victim's death. Therefore, the punishment accordingly is required.

However, the defendant deposited a total of 7 million won for the bereaved family members of the victim, the fact that the defendant subscribed to a comprehensive insurance for the vehicle of this case, and the defendant has a criminal record other than twice a fine.

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