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(영문) 청주지방법원 2015.05.22 2015고단213
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 the E Cost Star Cargo.

On November 27, 2014, the Defendant driven the above cargo vehicle at around 06:40 on November 27, 2014, while driving approximately 306.3 km point of Busan located in the Dancheon-ri, Seocheon-ri, Busan, the Busan, the Busan, at the seat of the Guncheon-ri, changed the lane to the one lane, while driving around about 306.3 km point from the Seoul, to the Busan, the two lanes.

At the time, there was a duty of care to prevent accidents in advance by thoroughly operating the driver of the vehicle, and accurately manipulating the steering direction and operating system of the vehicle.

Nevertheless, the Defendant neglected to do so and found out the FMW car and the victim G (the age of 25) who was stopped in the reverse direction in the first round due to the preceding accident in which the central separation zone was taken place by the Defendant, and received the said BMW car and the victim as the front left side of the Defendant’s vehicle.

As a result, the Defendant caused the death of the victim in a low volume shock by cutting down the right trees on the right side due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (Attachment to CCTV images records);

1. Fact-finding report, 112 Report Handling List, 112 Case Handling Table-6 (Evidence List 26);

1. A postmortem report and a written result of autopsy;

1. A photograph of the scene of an accident, a vehicle photograph of the accident, a corpse photograph, and an accident-related photograph;

1. Application of the CDA-TV Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 258 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

1. The case where a reason for sentencing falls under the case where the victim was negligent in the occurrence of a traffic accident or the expansion of damage, such as an expressway merchant.

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