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(영문) 청주지방법원 2015.08.27 2015고단1046
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

At around 11:20 on February 3, 2015, the Defendant: (a) driven a freight vehicle of 9.5 tons B B, driving a vehicle of 9.5 tons, and proceeded along three-lanes on the side of the Asan-ro, the two-lanes in front of Ulsan-gu, Ulsan-do, using three-lanes. In such a case, the Defendant has a duty of care to look at the front bank well and to accurately operate the steering direction and brakes, thereby preventing accidents; (b) negligent in neglecting the front bank well and not operating the steering direction and brakes properly; and (c) negligent in failing to properly operate the steering direction and steering devices at the front bank, the Defendant received the rear part of the D-wing and the rear part of the said cargo vehicle, which was driven by C while stopping at the front bank, and due to the shock, the said cargo was sealed in the middle part of the said cargo vehicle, or the victim and the victim (hereinafter the victim and the victim) were on duty at the front.

At around 01:01 on February 4, 2015, the Defendant caused the death of the victim E due to cerebrovascular in the East River Hospital located in the East River Hospital located in 239, by its occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. The statement of each police officer made to F and G;

1. Each statement prepared by H, I, C, and J;

1. Application of Acts and subordinate statutes to a survey report on actual condition, death certificate (E), traffic accident-related photographs, and investigation report (verification of the speed of a harming vehicle);

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

1. Selection of alternative imprisonment without prison labor;

1. Application of the sentencing guidelines under Article 62(1) of the Criminal Act (i.e., the decision of type), traffic accidents, general traffic accidents, and Type 2 (Death, etc. of Traffic Accidents) of the Criminal Act (i.e., the vehicles of the accused are covered by the comprehensive motor vehicle insurance, and the victim's bereaved family members have accepted and agreed smoothly to accept the serious death of the accused, the primary crime, the fact that the social relationship is clear, and the fact that the error is pened in depth): Reduction element:

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