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(영문) 창원지방법원 거창지원 2014.09.17 2014고단250
교통사고처리특례법위반
Text

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

except that 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 of freight vehicles C4.5 tons.

On May 29, 2014, at around 17:17, the Defendant, using the above vehicle, started from the Ganju-si, and went into the Gancheon-gun, Gyeongcheon-do, Gyeongcheon-do, and passed 88 Expressway (Tancheon-do, 145.3km).

Since there is a center line of yellow-ray, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly manipulating the brake system, etc.

Nevertheless, the Defendant neglected this and shocked the front part of the victim F (37 years old) driver's G heading vehicle of the victim F (37 years old) driver's G heading vehicle of the victim F (45 years old) driver's I driver's vehicle of the victim H (45 years old), who was moving back to the Defendant's front part of the vehicle.

Ultimately, the Defendant caused the injury to the victim D due to the above occupational negligence, such as a detailed brain salvy that requires treatment for about 4 weeks, and the injury to the J (the 42 years of age) of the said D vehicle, such as salvines and tensions, which require treatment for about 2 weeks. The victim F caused the death of the victim F on the same day. At the same time, the victim H suffered an external shock that requires treatment for about 16 weeks, and at the same time, the above H’s Ha (the 35 years of age) died on the job.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, J and H;

1. The actual survey report and on-site photographs;

1. Each written result of autopsy, each written result of autopsy, and the body of the deceased, the body of the deceased, and photographs of the deceased;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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