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(영문) 청주지방법원 충주지원 2014.11.14 2014고단237
교통사고처리특례법위반
Text

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

On March 28, 2014, at around 18:10, the Defendant driven the above vehicle and proceeded at about 55 km from the direction of the Sinpoli middle school to the Sinpoli middle school, depending on the three-lanes between the three-lanes in order to ensure the safe operation of the vehicle by driving the above vehicle at around 18:10. In such cases, the Defendant had a duty of care to safely proceed with the driver, such as taking the front side and the left side of the vehicle, and reducing the speed.

Nevertheless, the defendant neglected this and got the victim to have the front part of the victim D(22 years old) E-Poter's cargo vehicle driving from the right side of the vehicle of the defendant at the time of the accident, which led to the victim's death by traffic accidents at the Kan National University Chungcheong Hospital located in 82 at the same city level around 23:55 of the same day, as in the case of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident and a report on the occurrence of a traffic accident (two reports);

1. The actual condition survey report;

1. On-site photographs;

1. A medical certificate of death in the preparation of a medical doctor G;

1. A comprehensive analysis of traffic accidents;

1. Application of the Acts and subordinate statutes concerning black image;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: Consideration of various circumstances, such as the defendant's age, character and conduct, occupation and family environment, in which the result of the victim's death has occurred due to the defendant's negligence: The defendant's crime was committed; the defendant's primary crime was committed; the defendant's agreement was reached with the victim's bereaved family members; and other conditions attached to sentencing indicated in the records;

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