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(영문) 대구지방법원 김천지원 2014.01.03 2013고단634
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On October 7, 2010, at around 02:18, the Defendant driven a cargo truck of C1 ton, and proceeded with two lanes in front of the Enden apartment in the U.S. Sin-Eup/Gu, on the front side of the U.S. In the front side of the U.S. apartment in the U.S. Sin-Eup/Gu, the Defendant: (a) was on the part of the bridge part of the victim D (39 years old) that was driven over the front side due to a primary accident due to an occupational negligence in violation of the signal while neglecting the duty of fronting on the new wall; and (b) was on the part of the victim D (39 years old) in the front side of the Defendant’s cargo vehicle.

Ultimately, the Defendant suffered injury to the victim due to such occupational negligence during about 16 weeks of medical treatment, and caused the injury to the left-hand body, such as the disability of five years on the left-hand body, the right-hand slick, and so on, resulting in an incurable or incurable disease due to the bodily injury.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Partial statement of the witness F in the court;

1. Each protocol of examination of the accused by the prosecution (211 pages, 302 pages)

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (135 pages of investigation records);

1. Each prosecutor's statement concerning D and E;

1. Partial statement of the first police statement against the defendant;

1. Each police statement made to F and D;

1. Some statements in the police statement concerning G;

1. A report on the occurrence of a traffic accident and the report on each traffic accident;

1. Each investigation report (with respect to the confirmation of damage to a victim caused by the primary accident, with respect to the confirmation of signals, etc. installed in an accident place with suspect participation, reporting on telephone conversations of the victim);

1. An investigation report (Submission report, such as a copy of the D physical examination report);

1. Each medical certificate, physical appraisal certificate, inquiry of any fact, diagnosis certificate of any residual disability, disability diagnosis certificate, disability grade decision form, and surgery register;

1. On-site photographs, each CCTV photograph, signal signals, etc.;

1. Application of Acts and subordinate statutes on telephone details;

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts;

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