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(영문) 청주지방법원 제천지원 2013.05.30 2013고단158
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 engaged in driving a gallon car.

At around 13:20 on January 3, 2013, the Defendant came to proceed from the middle school from the side of the Incheon East East Middle School to the middle school from the middle school along the middle lane of the two lanes in front of the Ginjin Industrial Complex in the Hacheon-si, Incheon Metropolitan City.

At the time, since snow was stored on the road and the surface was slicked, a person engaged in driving service has a duty of care to accurately operate the steering gear and brake system, to ensure the well-being of the electric power, and to safely proceed by adjusting the speed in advance.

Nevertheless, the defendant neglected this and did not discover a bicycle operated by the victim D (year 75) who was driving in the same direction as that of the front bank by negligence, and did not discover the bicycle in front part of the defendant's vehicle and let the victim go beyond the bottom of the bicycle.

Accordingly, at around 13:53 of the same day on the same day, the Defendant caused the death of the victim by the F Hospital located in the Chungcheongbuk-si E in the foregoing occupational negligence, due to the exposure of the victim due to the exposure to the external organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of traffic accident reports, on-site photographs, and body autopsy reports (D)-related Acts and subordinate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant caused the death of the victim in violation of his/her duty of care in the course of performing his/her duties, thereby causing irreparable pain and damage to the victim and his/her bereaved family members. However, the Defendant’s mistake is considered as violating his/her duty of care, and the Defendant’s bereaved family members of the victim’s bereaved family members were paid insurance amounting to approximately KRW 65 million due to the purchase of a comprehensive insurance policy. However, the Defendant did not reach an agreement with the victim’s bereaved family members because of economic difficulties.

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