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(영문) 대구지방법원 2014.10.01 2014고합380

일반교통방해치상등

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, 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

On January 15, 2014, at around 17:50 on January 17, 2014, the Defendant driven a motor vehicle of C1 ton, and proceeded into one lane at a point of 118.4km from the median line of the Central Expressway located in the name of the Dong-gun, Seoglung-gun, the Defendant: (a) tried to put the truck of the Defendant in front of the cargo of the victim while driving the motor vehicle of 4.5 tons of the victim D (the age of 54) driving the motor vehicle into two lanes; (b) the vehicle of 4.5 tons of the victim’s E.5 tons of the motor vehicle is moving into one lane; and (c) the victim was unable to change the vehicle by raising the speed.

However, since both the first and second lanes are consistently proceeding at normal speed, the vehicles driving the same lane when putting up a sudden vehicle on the second lane are unable to avoid it, and the collision may lead to large accidents, but the defendant, despite the situation where the speed of the freight vehicle can lead to a large-scale accident, was increased, and the defendant immediately stopped after the brash in front of the freight vehicle of the victim who is proceeding at the second lane.

Therefore, the victim D stopped immediately the cargo vehicle, but thereafter, the G Tex truck of the FF driver in operation was not faced with it, and the part behind the victim's cargo vehicle was shocked by the shock, and continuously shocked the cargo vehicle of the victim by the front part of the victim's cargo vehicle.

As a result, the Defendant stopped the freight on an expressway while obstructing the traffic of the expressway, thereby getting the victim D to suffer a spatitis that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of D or F;

1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident;

1. Application of each written estimate, such as reports on internal investigation, investigation reports (including attached documents and photographs), photographs of damaged vehicles, etc.;

1. Article 188 of the Criminal Act, the first sentence of Article 188, Article 185 of the Criminal Act, Article 156 subparagraph 3 of the Road Traffic Act, and Article 64 of the Road Traffic Act concerning the crime; and