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(영문) 청주지방법원 2014.08.29 2014고단896
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for seven 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 engaging in driving a C-si.

On May 30, 2014, the Defendant driven the above taxi on May 30, 2014, and led the three-lane of the road in front of the “Awrode,” located in the one cycle of Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, to proceed from the direction of the event distance to about 93 km in speed.

At the time, night and its location was 60 km per hour, so there was a duty of care to prevent accidents by complying with the restricted speed as a person engaged in driving business.

Nevertheless, the Defendant neglected this and found the victim D (year 41) who was crossing the road at the front bank of the Defendant, and got the victim above the floor by taking the victim with the front pentel part of the Defendant’s driving.

Ultimately, the Defendant’s occupational negligence caused the death of the victim from a shock shock from the hospital of Chungcheongbuk University on May 31, 2014 at around 16:00, to the extent that the victim died from a shock shock from the two side of the two mouths.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

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

1. Investigation report (operation record verification);

1. The results of speed calculation by the skiing mark, the comprehensive traffic accident analysis report and the record book of operation;

1. A death certificate;

1. Application of the Acts and subordinate statutes to cover each photograph, box image data (C);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing: The victim is crossing without permission at night; and

Since the accident of this case occurred, it constitutes a case where there is considerable negligence in the occurrence of the traffic accident, and the victim's bereaved family members make efforts to recover the damage.

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