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(영문) 청주지방법원 영동지원 2014.01.16 2013고단190
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 of the Paila Do cargo vehicle.

On March 2, 2013, around 16:52, the Defendant, in the case of the Dong-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, was running around 93.8km each other at a speed of about 93.8km each other depending on the two-lane roads, if the roads, at the entrance of Masan-do, are in liquidation from the discharge area to the Dong-do.

At this point, the speed of restriction is 60 km per hour, and sand has been slicked on the surface, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle to prevent accidents by safely driving the motor vehicle by complying with the speed limit and accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected to do so and failed to accurately operate the steering gear and brakes at a speed exceeding 33.8 km, and caused the victim D(72 years of age) and the victim E (66 years of age) to go beyond the road by taking the right side of the freight driven by the Defendant.

Ultimately, the Defendant caused the victim D’s occupational negligence on April 4, 2013, at the G hospital located in the Cheongcheon-gun, Cheongcheon-gun, Cheongcheon-gun, the treatment of which was conducted after-the-job transfer on April 4, 2013, to death with a parosis, etc., and at the same time, suffered injury, such as a dupage, including about 12 weeks of treatment for victims E.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and E;

1. A traffic accident report;

1. A death certificate;

1. A copy of a medical certificate;

1. A comprehensive analysis of traffic accidents;

1. Application of each statute on photographs;

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

1. The provisions of Articles 40 and 50 of the Criminal Act concerning the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and those concerning the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with heavy criminal situation.

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