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(영문) 대구지방법원 안동지원 2014.01.08 2013고단475
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of C25 tons of car trucks.

On May 16, 2013, the Defendant driven the above cargo vehicles on May 13:00, and led two-lanes from the Central Expressway Busan to the Daegu-mix 100 km from the Chuncheon to the 100 km-110 km.

The location is more than 1.5 tons, since the restricted speed is 80 km per hour, a person engaged in driving motor vehicles has a duty of care to prevent accidents due to compliance with the restricted speed.

Nevertheless, the Defendant neglected this and tried to find and operate the Erocketing Passenger Car that was driven by the victim D (hereinafter referred to as 54 years old) who had entered the permanent IIC branch by the negligence of driving more than 20 km speed as above, but tried to find and stop it later, but the part behind the damaged vehicle was received as the part above the right-hand part of the Defendant’s cargo vehicle.

Ultimately, due to such occupational negligence, the Defendant suffered from the injury to the victim D, such as the 4th century, which requires approximately 12 weeks of medical treatment, and the injury to the f (2 years of age) who is the passenger of the victimized vehicle, for about 4 weeks of medical treatment, and caused the death of the victim G (50 years of age) who is the passenger of the said fright, due to the flasing of the flas, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Written statements of D;

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

1. Two copies of the notification as a result of the traffic accident investigation and analysis, and of the expressway speed limitation photographs;

1. Each medical certificate and medical opinion;

1. Application of Acts and subordinate statutes to a postmortem examination report, a photo of consular history, and a written result of autopsy;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of penalty;

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