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(영문) 대구지방법원 의성지원 2016.12.22 2016고단219
교통사고처리특례법위반(치사)
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 3.5 tons or more of freight vehicles.

On September 1, 2016, the Defendant driven the above cargo vehicle at a speed of about 80km in speed, according to two-lanes from the east-gun to the east-si of the Sung-si, Sung-do.

There are two-lane national highways where vehicle traffic is frequent. In such a case, the driver of the vehicle has a duty of care to check the safety of the main course of the vehicle by accurately operating the steering system and the steering system, and to prevent the accident by checking the safety of the main course of the vehicle.

Nevertheless, due to the negligence that the driver neglected this and proceeded without accurately examining the front side due to driving, the victim E (53 years old) who was driving at the front of the defendant's direction was found to be late after the driver's driving, and was driving at the front of the defendant's right-hand side of the cargo of the defendant, and tried to see the left-hand side of the cargo of the defendant.

Ultimately, the Defendant suffered injury, such as brain fladul, divee spine, cerebral fladul, etc. after brain fladul, which requires at least 12 weeks of treatment from the victim F (the age of 77) who was accompanied by the foregoing occupational negligence, and caused the victim E’s death by low-blood shock, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to medical certificates and death medical certificates;

1. Relevant provisions of the Acts concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the parties have agreed with the F and the bereaved family members E, and the fact that the automobile comprehensive insurance has been subscribed for);

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