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(영문) 청주지방법원 2015.12.24 2015고단1205
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

The defendant is a person who is engaged in driving a wing-off cargo vehicle B.

On June 25, 2015, the Defendant driven the above cargo vehicle on June 16, 2015, and turned the front road in front of the Chungcheongnamsan-gun into the village entrance and exit of the village from the 2-lane 2-lane.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering system by accurately operating the steering direction and brake system.

Nevertheless, the defendant neglected this and did not properly look at the rear side of the cargo of the defendant, and caused the victim D (M, 92 years of age) who was later than the cargo of the defendant, and used the victim on the floor. The victim was placed on the back wheel side of the cargo of the defendant.

Ultimately, the Defendant caused the victim to die from the above occupational negligence to the two complex frameworks.

Summary of Evidence

1. Defendant's legal statement;

1. Fact-finding survey report, photographs related to traffic accidents, and reports on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes concerning dead bodies, postmortem records, and photographs related to dead persons;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Recommendation type [Scope of Recommendation type] on the sentencing criteria and the area subject to mitigation (4 to 10 months) (including special mitigation) of traffic accidents) (including serious efforts to recover damage) of the mitigated area (4 to 10 months);

2. The crime of this case by which the sentence of sentence was rendered is likely to cause the death of a victim by driving negligence, and the result of the crime is serious.

However, the fact that the defendant takes relief measures immediately after the accident, the vehicle of the defendant is covered by the comprehensive automobile insurance, and the victim's bereaved family members and the victim's bereaved family members have agreed to do so are different types.

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