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(영문) 대구지방법원 포항지원 2019.02.14 2018고단953
교통사고처리특례법위반(치사)
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 Bosch Rexroth.

At around 08:40 on November 26, 2017, the Defendant driven a bitex and proceeded at a speed of about 10km from the 1stist to the 2nd km of the city north-gu B in the north-gu, one-lane adjacent to the port of port.

It is a road where a central line is installed, so in this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the front, rear, left, and right and the right according to the driving lane.

Nevertheless, the defendant neglected this and caused the victim D (year 52) who operated a motor vehicle on the left side of the motor vehicle in order to overtake the motor vehicle driver by the negligence of the defendant's failure to leave the motor vehicle on the left side of the road, and caused the victim D (year 52) who operated the motor vehicle on the motor vehicle side of the motor vehicle in order to overtake the motor vehicle driver by the driver's negligence.

Ultimately, the Defendant suffered cerebral cerebrovascular in the number of days of treatment due to such occupational negligence. From January 5, 2018 to January 5, 2018, the Defendant suffered cerebral cerebral cerebral cerebral cerebral cerebral cerebral Ba at a F Hospital located in Nam-gu E at the south-gu E at the port.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to each photograph and death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The Defendant’s negligence, which committed a crime with the central line of reasons for the sentencing of Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below), is large, and thus, the victim dies and is also heavily focused on the result.

However, in order to overtake Defendant driver, the fault of the victim who gets over the central line as well as the occurrence of the instant accident.

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