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(영문) 청주지방법원 제천지원 2013.06.13 2013고단412
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 also is a person who is engaged in driving of cargo cars.

On March 10, 2013, the Defendant driven the above cargo vehicle on March 16, 2013, and led to the two-lanes in front of the volcanic intersection road located in the Dao-dong in Incheon Metropolitan City along the two-lanes from the intersection distance to the central market.

At that time, the defendant was forced to cross-section the intersections with three-dimensional signal apparatus, so the defendant engaged in driving service had a duty of care to prevent accidents by proceeding with signal apparatus signals through thoroughly reducing or stopping speeds, and thorough operation of the front-distance vis.

Nevertheless, the Defendant neglected this and was driven by the victim D (the age of 83) who was proceeding from the north of the private street of the Office of Education to the north of the road of the Office of Education due to the negligence in the course of the business, in violation of the stop signal, and was driven by the victim D (the age of 83) with the front wheel part of the EBer 125 cc Obaba, which was driven by the Defendant.

Ultimately, around 05:30 on March 15, 2013, the Defendant caused the death of the victim due to brain training paralysis, etc. in the emergency room of Seoul F Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of traffic accident reports, field photographs, and death diagnosis reports (D)-related Acts and subordinate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act (including the first crime committed by the defendant and the fact that the victim has agreed with his/her bereaved family members);

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