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(영문) 대구지방법원 영덕지원 2018.11.14 2018고단193
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a dump truck truck truck driver.

On August 10, 2018, the Defendant operated the above cargo vehicles around 12:05, and proceeded with approximately 40 km each hour from the Ulsan-Eup to the Young-gun, the 7th public road in front of the E restaurant located in Chungcheongnam-gun D.

Since there is an intersection where signal lights are installed, there was a duty of care for those engaged in driving of a motor vehicle to live well on the right and the right of the motor vehicle, and to prevent accidents in advance by safely driving the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and neglected to observe the red stop signal and followed the left-hand turn signal, and received the front part of the said cargo vehicle in front of the victim F(64) driving, which was driven by observing the left-hand turn signal.

As a result, the Defendant caused the victim F to death with 13:03 pulse in 13:03 on the same day by occupational negligence, and at the same time, caused the victim H(62) who was accompanied by the said car to suffer injury to the victim H (62) in the absence of an open two wife for about three weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and H;

1. Reporting on the occurrence of traffic accidents, a report on the actual condition of traffic accidents, and an investigation report on the actual condition of traffic accidents;

1. A death medical certificate or medical certificate;

1. Application of each statute on photographs;

1. If a prosecutor under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto intention), Article 3(1) and proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act takes into account the contents of the application for the correction of indictment filed at the first trial date, it is evident that there is an error in the applicable law, and thus, ex officio modification of the aforementioned provisions shall apply.

(in the case of occupational and practical occupation)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment imposed on a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the quality of the crime);

1. Selection of a credit cooperative without prison labor for punishment;

1. The Criminal Act, the suspension of execution;

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