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(영문) 대구지방법원 영덕지원 2015.11.27 2015고단213
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a C tank cargo vehicle.

On August 21, 2015, the Defendant driven an above cargo vehicle at around 09:35, and led to the flow of the road in front of the 322-3 Cheongsan-ri, a new road in front of the Cheongamban-ri, to the location of a nutrition Eup on the port of the entrance.

At the same time, since it is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to reduce speed and drive safely according to signals.

Nevertheless, the Defendant neglected this and neglected to stand on the right side of the victim D(the age of 66) drive, which was going in accordance with the new code on the left side of the Defendant’s vehicle due to the negligence, disregarding that the vehicle signal is a stop signal, received the front part of the driver’s vehicle.

Ultimately, the Defendant caused the death of the victim F(72 years of age) who was accompanied by severe brain damage and scarf damage on the job at the head of the damaged vehicle due to the above occupational negligence, and suffered a pelf that requires approximately seven weeks of medical treatment to the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Protocol of the police statement concerning G;

1. A H statement;

1. A medical certificate of death, a body autopsy, a postmortem report and a certificate of completion of postmortem examination with respect to F;

1. A written diagnosis on D;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on actual condition investigation, on-site photographs, and report on the occurrence of a traffic accident and on the occurrence of a disaster accident;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the ordinary concurrence and the selection of a sentence (limited to punishment where a crime is prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents due to the death of victim F with heavier penalty, but a sentence of imprisonment without prison labor shall be

1. The result of the suspension of execution is the death and serious injury of a victim caused by gross negligence of the defendant under Article 62 (1) of the Criminal Act;

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