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(영문) 청주지방법원 제천지원 2016.08.25 2016고단262
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Cunst Pacific Freight Vehicles.

On February 8, 2016, the Defendant driven the above cargo vehicles around 16:20, and proceeded with the road of about 300 meters in front of the 19-lane 19-ro, Songcheon-si, Songcheon-si, Songcheon-si, Seoul Camping site, about 300 meters in front of the 300-lane west-do.

At the same time, the center line of yellow solid lines was installed, and in such a case, the center line was not well seen, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle on the right side of the road so that the driver of the motor vehicle does not infringe the central line and prevent the accident in advance.

Nevertheless, the Defendant neglected this and received the left-hand side of the said cargo vehicle from the victim D(57) driving due to the negligence of breaking the central line as the left-hand side of the said truck.

Ultimately, the Defendant caused the victim D’s occupational negligence to die at around 05:26 on April 9, 2016, while receiving treatment at the original liquor tax hub hospital, and caused the victim FF (FF) who was on the said Aburged car to suffer injury, such as dysium and tension, for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A traffic accident analysis report and a response to a request for appraisal;

1. A death medical certificate or medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on a victim D with a heavier penalty);

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.

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