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(영문) 대구지방법원 2015.06.25 2015고단2119
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, 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 of Bone Star vehicles under his/her own possession.

On March 18, 2015, the Defendant driven the above vehicle on March 18, 2016:35, and proceeded in the direction of the Southern East-gu, Daegu Metropolitan City toward the direction of the Southern Vene distance, two lanes near the 33-1 citizen playgrounds, the direction of the direction of the Jinsan Island, depending on the two lanes near the 33-1 citizen playgrounds.

Since there is an intersection in which signal apparatus is installed, a person engaged in driving a motor vehicle has the duty of care to drive the motor vehicle in accordance with the signals by checking well the right and the right of the front and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and continuously proceeded in violation of the signal and received the body of the injured party C (Woo, 72 years old) who was a road in the direction of off-sports in front of the above vehicle in the direction of the citizen playground, and continued to build the crosswalk in accordance with the pedestrian signals, and received the body of the injured party D (Woo, 72 years old) in front of the above vehicle.

As a result, the Defendant suffered injury to the victim D due to the above occupational negligence by causing injury to the brain in which there are two or more open situations requiring medical treatment for about 12 weeks, and the dystyposis of bovine spongiformiformiform encephalopathy. On March 18, 2015, the Defendant caused the victim C to death by the low-tension showropic shock from the Gyeong-gu Jung-gu Incheon Metropolitan University Hospital located in 130, Jung-gu, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

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

1. Protocol of autopsy and written diagnosis of death;

1. A medical certificate;

1. Application of signal systems and photographs of road conditions to the accident site;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 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;

1. Selection of alternative imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria for the application of the sentencing criteria are separate for the ordinary concurrent crimes.

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