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(영문) 청주지방법원 2015.03.17 2015고단148
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

Around 06:00 on January 9, 2015, the Defendant driven a Lone Star shop car as C on duty, and driven a three-lane road in front of the construction site of the Health Management Association of the Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, which is located in the front of the construction site of the Health Management Association of the Health Management Association of the Republic of Korea, in the middle of the front of the construction site of the new construction site of the Stakdong-gu. In such a case, the Defendant was unable to run at the night. In such a case, the driver of the motor vehicle has a duty of care to check and safely drive the motor vehicle by neglecting his duty of care, and by neglecting his duty of care, did not discover the victim D(84) who crosses the right side from the left side of the Defendant’s running on the right side of the motor vehicle of the Defendant, and got the victim beyond the above road.

Ultimately, at around 06:10 on January 11, 2015, the Defendant caused the death of the victim due to the suspension of cardiopulmonary function due to the increase of epulmonary pressure by blood transfusion from the hospital of Chungcheong University located in 776, Seo-gu, Seo-gu, Seo-gu, Seog-si due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the actual condition survey report, death certificate, photographs of the scene of an accident, and CCTV control camera images by cutting down the CCTV images;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da15488, Apr. 2, 2006) (1))

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