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(영문) 대구지방법원 2015.02.12 2014고단6263
교통사고처리특례법위반
Text

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

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 motor vehicle of XG because he/she is franchise.

At around 01:20 on September 7, 2014, the Defendant, while driving the said car on the top of the five-lanes in front of the F store in Daegu Suwon-gu E, neglected to perform the duty to stop in the front of the vehicle due to driving, and failed to operate steering and brakes properly, due to occupational negligence, which affected the central line, led the opposite line to the direction of the victim G (52 years old) driving in the direction of the fourth-lane of the next six-lane in the direction of the opposite-lane distance. On the other hand, the front part of the victim I (61 years old) driving in the direction of the Defendant’s vehicle was shocked with the front part of the victim I (61 years old) driving in the direction of the five-lane road.

The Defendant: (a) caused the death of a victim K (the age of 48) who was on board the taxi driving at the victim G driving on the same day due to the said occupational negligence; (b) caused the victim L (the age of 54) who was on board the said taxi to die with the blood transfusion in the Pest or scar on the same day; (c) caused the victim L (the age of 54) to suffer from dynasium, including four or more fages that require the victim M(the age of 48) to provide approximately nine weeks medical treatment; and (d) dynasiums that require the victim N(the age of 48) to provide approximately four weeks medical treatment; and (e) dynasiums that require the victim G, who is the said taxi driver, to provide approximately four weeks medical treatment; and (e) dynasiums that require approximately five weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G and I;

1. A written result of autopsy;

1. Each written diagnosis (G, I, L, M, N);

1. Application of the traffic accident occurrence report, the actual survey report, and on-site photographs-related Acts and subordinate statutes;

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

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