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(영문) 대구지방법원포항지원 2020.10.29 2020고단1061
교통사고처리특례법위반(치사)등
Text

The imprisonment without prison labor for the accused shall be determined by ten months.

However, the above sentence shall be executed 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 car B or car.

On December 21, 2019, the Defendant driven the above car on December 21, 2019, and turned the right-way road to the right-way road from the upstream of the front of C at the time of the show to the right-way road at the right-side of the front of C at the time of the show.

At the same time, there were signs prohibiting the entry of the right-hand turn into the right-hand road, and signs and surface signs prohibiting the entry of the vehicle, and since the efststy cab of the victim D(50 years old) was in normal operation at the right-side level from the upstream of the road, the driver of the vehicle has a duty of care to prevent accidents by accurately operating the steering direction and operating the steering gear and operating the steering gear, and thus, the driver of the vehicle has a duty of care to prevent accidents.

Nevertheless, the Defendant neglected to enter the right-hand way to which entry is prohibited, and got the front portion of the said LFIS cab as the front part of the said LFIS cab due to the negligence of the Defendant’s entering the right-hand way.

Ultimately, the Defendant, at around 02:15 on December 21, 2019, caused the death of the victim H(32 years of age) who was receiving treatment from G hospital located in the G hospital located in the CFF on the part of the victim D on the said occupational negligence, due to low-blood shock caused by the blood dicule, and at the same time, suffered injury, such as the mouth of the body of the dicule, which requires approximately eight weeks of treatment to the victim H(32 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I, J, and K;

1. The actual survey report and each report on internal investigation;

1. Each analysis report and each appraisal report;

1. A written autopsy report and a medical certificate;

1. Application of each statute on photographs;

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3(1) and proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act

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