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(영문) 대구지방법원 상주지원 2014.09.02 2014고단316
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 B-Wood vehicle.

On June 11, 2014, at around 09:35, the Defendant was driving the above vehicle and had 2319,000,000,000,00 the date of Yong-Nam-Nam-nam (25,000,000,000,00

Since there is a one-lane road in which the center line of yellow solid lines is installed, the driver of the vehicle has a duty of care to safely drive the vehicle with the designated lane.

Nevertheless, when the defendant drives the center line with the negligence, the defendant conflicts with the front part of the driver's vehicle of the victim C(58 years old) driving vehicle of the victim C(58 years old) that was driven by the driver's negligence.

As a result, the Defendant suffered, due to the above occupational negligence, approximately 14 weeks from the injury to the victim E (the 58-year old-age) who was on board the victim E (the 58-year old-age) who was on board the top of the upper franchisium in need of medical treatment for about 10 weeks, and the victim F (the 3-year-old age-old) who was on board the back seat of the Defendant driving vehicle in need of medical treatment for about 8 weeks, respectively, and caused the victim G (the 28-year-old age-old), who was on board the back seat of the Defendant driving vehicle, to die (the 28-year-old age-old) who was on board the back seat of the franchisium in a permanent Red Cross located at around 16:20 on the same day to the suspension of brain functions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by the police about C (the investigation record No. 79 pages);

1. The actual condition survey report;

1. A medical certificate of death of G (investigative records No. 22);

1. Application of Acts and subordinate statutes to C, E, and F (Investigation Records No. 87,89, 103 pages);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The community service order under Article 62-2 of the Criminal Act, and probation;

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