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(영문) 청주지방법원 2016.03.24 2015고단2009
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 23, 2015, the Defendant, who is engaged in driving of B rocketing individual taxi, was driving the said individual taxi on October 11:15, 2015, and proceeded at a speed of 40 to 50km each hour at a speed of 40 to 50km each hour on the surface of E in front of the “D” located in the area of Cheongju-si, a considerable area of Cheongju-si.

At the same time, the driver of the motor vehicle was driving the motor vehicle to the left-hand side of the right-hand side of the defendant taxi, leading the motor vehicle, which is closed by the victim F (n, 89 years of age). In such a case, the driver of the motor vehicle had a duty of care to accurately manipulate the steering gear and brake system and prevent the accident in advance, if there is any person driving the motor vehicle, and as such, the driver of the motor vehicle has a duty of care.

However, the Defendant neglected this and found the victim who was immediately crossinged the road without permission, and was negligent in the failure to stop the vehicle but caused the victim to go beyond the road by taking the body flick of the defendant in front of the above taxi.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the E hospital located in the Gu of Cheongju-si, 11:20 on the same day, due to two severe injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A survey report and a black stuff image;

1. Application of Acts and subordinate statutes to death certificates;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Although there was a serious result that the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure is death due to a traffic accident, there was considerable negligence on the part of the victim who illegally crossed the road, and the defendant did not have the same criminal record, and agreed with the victim's bereaved family members.

Any other matter.

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