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(영문) 청주지방법원 충주지원 2013.05.23 2013고단164
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car truck B 9.5 tons.

On January 14, 2013, at around 04:40, the Defendant driven the above car truck, leading to the Seoul from Daejeon to the two-lane road at the 289.4km km away from the upper west Road, which is located on the west-gun of the Chungcheongnam-gun.

At the time, since it was night and open, there was a duty of care to safely operate the steering system and steering the steering gear in a way that enables a person engaged in driving service to see the front left, and accurately operate the steering gear and brake system.

Nevertheless, the Defendant neglected to do so and was negligent before the Defendant’s direction, and was driven by the victim C (the age of 53) who was parked in the preceding traffic accident before the Defendant’s direction. The back part of the D4.5 tons truck was driven by the Defendant as the front part of the truck truck.

Ultimately, at around 06:20 on January 14, 2013, the Defendant caused the death of a victim who was receiving medical treatment at a hospital E in the Chungcheongbuk-gun, E Hospital due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

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

1. A traffic accident report (1) (2) and an on-site photograph at the time of taking the initial measure, and photographs related to the traffic accident;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act (Selection of Fines; hereinafter referred to as the “instant traffic accident due to Defendant’s negligence”); however, considering the fact that the occurrence of the said traffic accident was caused by multiple drillings on an expressway, where the circumstance leading up to the occurrence of the said traffic accident was extremely known, and considering other circumstances attached to the sentencing recorded in the records, such as the Defendant’s age, character and conduct

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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