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(영문) 청주지방법원 영동지원 2014.07.17 2014고단80
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

The Defendant is a person who is engaged in driving Cone Star Cargo Vehicles.

On December 30, 2013, the defendant driving of the above cargo vehicle around 20:30, and driving about 4 national highways near the access road to the Yacheon-gun, Yacheon-gun, Yacheon-do, in the speed of about 60 km from the east bank to the ok bank.

Since it was difficult for a person who is engaged in driving a motor vehicle to see whether there is a person who gets on a way to see the road by reducing the speed of the motor vehicle and by properly examining the side, the motor vehicle has a duty of care to safely drive the motor vehicle, since it is a three-distance intersection and the driver of the motor vehicle who is driving a motor vehicle at night.

Nevertheless, the Defendant neglected to do so and proceeded on the left side of the above cargo vehicle and had it go beyond the right side of the victim D (74 years old) who dried the above road from the front side of the above cargo vehicle to the right side.

Ultimately, on February 12, 2014, around 16:13, the Defendant caused the victim D’s occupational negligence to death by “marcorous shock and eculatory tymosis” while being treated as “traffic accident multiple trauma” at the F Hospital located in Daejeon Jung-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report;

1. A traffic accident report;

1. A copy of a death diagnosis report and a copy of each opinion;

1. Application of the Acts and subordinate statutes for photograph explanation;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration, such as the fact that the defendant is the first offender, the fact that the victim was crossing without permission at the time of the accident, and the fact that the victim's bereaved family members and the bereaved family members

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