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(영문) 청주지방법원 2015.06.19 2015고단346
교통사고처리특례법위반
Text

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

However, 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 of C.S. cargo vehicles.

On January 12, 2015, the Defendant driven the above cargo vehicle around 19:55, and proceeded at a speed of about 50 km in speed, depending on the two-lanes between the two-lanes, the two-lanes of speed, from the area of the death of the upper right road in front of the upper right road in the vicinity of the Jincheon-gun, Jincheon-gun, Chungcheongnam-do.

In this case, the driver has a duty of care to safely operate the steering system and to prevent accidents in advance by properly operating the steering system and steering system.

Nevertheless, by negligence that the Defendant did not live well in the front side of the cargo, the Defendant received D (the age of 44) from the victim who illegally crossed from the left side of the cargo front to the right side of the said cargo, as the front side of the said cargo.

Ultimately, the Defendant, by such occupational negligence, caused the death of the victim by directly causing the death of the victim as a private person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. A written result of autopsy;

1. Application of traffic accident scene photographs and statutes on site photographs;

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;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

1. The reason for sentencing falls under the case where the victim was grossly negligent in the occurrence of a traffic accident or the expansion of damage, and thus, the recommended sentence according to the sentencing guidelines recommended by the Sentencing Commission (general category 2 (the area subject to reduction of damage from a traffic accident) is from April to October of the credit cooperative.

The defendant has only been punished for a fine of 300,000 won due to the violation of the Establishment of Homeland Reserve Forces Act in 2001, and there are no other criminal records.

Defendant

A driver's vehicle is covered by a comprehensive motor vehicle insurance, and the defendant deposited 18 million won.

The signal, etc. shall be given at the place of accident.

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