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(영문) 청주지방법원 충주지원 2015.12.18 2015고단265
교통사고처리특례법위반
Text

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

However, 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 the business of driving the Damor Track Cargo Vehicles.

On April 14, 2015, the Defendant driving the above cargo vehicle around 09:10, and driving three lanes in front of the FJ E in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheong Industrial Complex, along the two-lanes from Jacheon-gun, Jacheon-gun, Jacheon-gun, Jacheon-gun.

At the same time, there was an intersection and a signal was installed at the front, so in such a case, there was a duty of care to view the person engaged in driving service with the signal apparatus and proceed in accordance with the signal apparatus's instruction and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and neglected to follow-up red signal, and neglected to follow-up, thereby resulting in the Defendant being able to drive the part on the right side of the H Jjin Passenger bus driven by the victim G, Jincheon Passenger bus driving in a normal way with a new erode distance from the erogate of the erode, which was driven by the Defendant.

결국 피고인은 위와 같은 업무상 과실로 위 버스에 타고 있던 피해자 I를 현장에서 다발성늑골골절 등으로 사망에 이르게 하고, 같은 J에게 약 6주간의 치료가 필요한 상세불명의 뇌진탕 등의 상해를, 같은 K에게 약 8주간의 치료가 필요한 무릎뼈의 골절의 상해를, 위 버스의 운전자인 피해자 G에게 약 4주간의 치료가 필요한 단일 갈비뼈의 골절 등의 상해를 각 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement to L, G, K, and J;

1. Reports on the occurrence of a traffic accident, each photograph, actual condition survey report, body autopsy report, and each diagnosis report;

1. Application of Acts and subordinate statutes to investigation reports (including attached documents);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a sentence of imprisonment without prison labor;

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