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(영문) 대전지방법원 2015.06.03 2015고단1153 (1)
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a cargo vehicle as D.

Around 16:00 on December 22, 2014, the Defendant driven the above cargo vehicle, and led to a two-lane road in front of the air show machine, which is located in the new-dong of Tae-gu Seoul Metropolitan City in the large exhibition, along the two-lanes of the two-lanes from the lap park to the industrial complex four-lanes from the lapon park.

Since there is an intersection where signal lights are installed, there was a duty of care to safely drive a person engaged in driving service in accordance with good faith.

Nevertheless, the defendant neglected this and did not neglect that the vehicle progress signal is changed to the stop signal, and did not go as it is, and the defendant conflict with the F-A-hurged car of the victim E (year 61) who was in the right direction of the above cargo vehicle from the right side of the road to the left side of the above intersection.

Ultimately, the Defendant suffered injury to the above victim, such as crossing the left-hand 7th left-hand side of the 12 weeks of medical treatment by occupational negligence, and then caused the victim G (V, 72 years of age) who is a passenger of the said A-to-pur-pured car to death due to serious brain damage on the job.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of H and E;

1. The actual condition survey report;

1. A written result of autopsy;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso to (2) 1 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 (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims G with a heavier judgment);

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

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