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(영문) 춘천지방법원 원주지원 2015.10.20 2015고단742
교통사고처리특례법위반등
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 vehicle C.

On November 3, 2014, the Defendant driven the above vehicle on November 16:15, 2014, and turned to the left at an indefinite speed from the gate of the tri-distance road of the agricultural product wholesale market at the original city level.

Since the place has a left-hand turn signal, a driver of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle from a green light by examining whether or not the motor vehicle coming from the front side and driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and got the victim D(34 years of age) who was driving on the road that is facing the negligence of left left from the green light without examining whether or not a vehicle exists on the front side, and got the victim D(34 years of age) to have the front part of the front part of the front part of the front part of the front part of the front gate-wheeled vehicle, and the victim F.(31 years of age) who was driving on the front side of the front gate-wheeled vehicle, was driven by the victim F.(31 years of age).

Ultimately, the Defendant caused the death of the victim D due to the severe brain damage in the same workplace by occupational negligence as above. The Defendant suffered injury to the victim F, such as the structural scambris outside the upper scam which requires treatment for about six weeks, and at the same time, damaged the victim F-owned vehicles to be in excess of KRW 19,681,67 of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F by prosecution;

1. Each police statement made to H and I;

1. A report on the occurrence of a traffic accident, a traffic accident report (1) (2) and on-site photographs;

1. A corpse of autopsy, a postmortem report, and a corpse photograph;

1. On-site photographs of an accident site;

1. A written appraisal;

1. A medical certificate;

1. Application of each written estimate statutes;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the injury caused by occupational negligence) concerning criminal facts.

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