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(영문) 대구지방법원 포항지원 2018.05.30 2018고단212
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of 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 a car at CV.

On November 29, 2017, the Defendant driven the above car at around 10:25, and led the Defendant to proceed along one way to the police box for interested in the other party at the port of port, along with the road located in the north-gu D at the port of port.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating steering steering the steering and brakes well-being the traffic situation on the front side and right side and right side.

Nevertheless, the Defendant neglected this and did not take any action to find the Victim F who was ging from the front side of the Defendant’s car while driving ahead of the Defendant’s car, and received the victim’s front part of the Defendant’s car, and then operated the steering gear to the left side without taking the operation measures, and received the victim’s G, who was going on a bicycle in front of the Defendant’s car at the front part of the Defendant’s car.

On November 29, 2017, the Defendant: (a) by such occupational negligence caused the victim F's death at the I hospital located in the south-gu H at the port of one-way at the low-blood shock on November 16:32, 2017; and (b) caused the victim G's death at the K hospital located in the South-gu J of the Republic of Korea at the port of one-way on December 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against L/M;

1. Each death certificate;

1. Report on the occurrence of a traffic accident, report on the internal death of a vehicle large pedestrian traffic accident, investigation report on actual condition, field photographs, black stuffs image photographs, requests for analysis of a traffic accident, and replies to requests for analysis of a traffic accident;

1. Application of Acts and subordinate statutes to investigation reports (in relation to responses as a result of EDR analysis);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

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