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(영문) 대구지방법원 김천지원 2015.12.09 2015고단1191

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 who is engaged in driving a BM3 car.

At around 16:00 on July 2, 2015, the Defendant driven a 0,000-distance intersection from the beginning of the Sinju-gun, Sung-gun, Sung-gun, Kimcheon-si, to drive the said car.

Since there was a cross-section where signal apparatus was installed, a person engaged in driving service has a duty of care to drive according to the direction of signal apparatus.

Nevertheless, the Defendant neglected this and got the front part of the victim C (the 61-year-old driver)'s driving of the victim C (the 61-year-old driver's license) driving in accordance with the signal apparatus's instructions from the left side of the course direction by negligence in contravention of the signal and received the front part of the above SM3 vehicle's left side.

After all, the Defendant suffered injury to the victim C due to the above negligence, which requires approximately four weeks of medical treatment, and caused the victim E (the 76 years of age) who was accompanied by the said SM3 car to die due to the low blood transfusion shock at the F Hospital around 16:03 of the following day.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A report on the occurrence of each traffic accident, a report on actual condition investigation, and on-site photographs;

1. Investigation report (including attached medical certificates of death);

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso to (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavier Crimes);

1. Selection of alternative imprisonment without prison labor;

1. Article 62(1) of the Criminal Act recognizes all of the instant crimes and repents his mistake in depth, and the victim E’s bereaved family.