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(영문) 청주지방법원 2015.01.21 2014고단1589
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

On June 22, 2014, at around 00:00, the Defendant driven a B rocketing taxi, and driven the three-lane road in front of the Sejong Metropolitan Government Cheongju-gu Cheongju-si, in accordance with his resignation, the Defendant continued to drive a three-lane of the resignation distance from the Cheongju-si.

At the time of night, it was difficult for a person engaged in driving a motor vehicle to drive the motor vehicle at night. In such cases, there was a duty of care to check whether there is a person who sets the way to reduce the speed and to check the right and the right and the right and the right and the right of the motor vehicle.

The defendant neglected to do so and did not discover the victim C (e.g., the 55 years old) who crosses the right from the left side of the running direction of the defendant, and received the part as the front driver of the vehicle of the defendant and exceeded the above victim on the road.

Ultimately, the Defendant’s negligence on July 4, 2014, caused the death of the victim due to the suspension of cardiopulmonary function due to the increase of internal pressure by blood transfusion from the hospital of Chungcheong University located in 776, Seo-gu, Seo-gu, Seowon-gu, Seog-gu, Cheongju due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. On-site survey report, on-site photographs, and motion picture images of the accident vehicle;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act, which led to the occurrence of a serious consequence of the victim’s death due to the instant traffic accident.

However, there is no record of criminal punishment except for the punishment of a fine of KRW 500,000 due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2006.

In addition, the defendant had shocked the victim who had been crossing without permission during night, and the victim's negligence, without complying with the signals, also caused the accident of this case.

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