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(영문) 대구지방법원 의성지원 2013.06.13 2013고단96

상해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2013 Height96]

1. On December 8, 2012, at around 15:30 on December 15:30, 2012, the Defendant: (a) brought an injury on the victim’s body face after cutting the victim’s breath in a c restaurant located in Seongbuk-gun, Seongbuk-gun, for the first time on the ground that the victim’s DNA (the age of 48) was sleeped and sleeped; (b) taken a hand-on face; and (c) taken a right bridge, she inflicted an injury on the victim for 12 weeks of treatment.

[2013 Highest 103]

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of one ton cargo vehicle.

On February 26, 2013, the Defendant driven the above car at around 19:30 on February 26, 2013, and led to the flow of the Jinsung-gun's Gosung-gun's Gosung-gun's Gooon road at the Saeong-si's Myeon.

There are two lanes in which the center line of yellow domin line is installed. At the time, the center line is a straight line with one lane, and at the time, the surrounding area was bad, and thus, in such a case, a person engaged in driving service has a duty of care to safely drive the vehicle in advance, such as reducing the speed of the vehicle in advance and accurately manipulating the steering direction and brake system, and to prevent accidents by driving the vehicle.

Nevertheless, the defendant neglected this and found the victim F (75 years old) who dried the road on the right side from the left side of the course due to negligence of driving the road as it is, and did not avoid it, and caused the victim to go beyond the road floor by shocking the front side of the cargo vehicle.

Ultimately, the Defendant caused the death of the victim from the above occupational negligence to cerebrovascular.

Summary of Evidence

【Fact of Paragraph 1 at the Time of Sales】

1. Defendant's legal statement;

1. Statement 1 of statement of the police with regard to D, the diagnosis certificate of injury, and the photo of the injured part (the fact of paragraph (2) at the time of sale);

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report and field photograph;