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(영문) 대구지방법원 포항지원 2014.01.09 2013고단1242
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

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

On August 3, 2013, 09:25 on August 3, 2013, the Defendant driven the freight truck from the farming road located in the south-gu Seoul Metropolitan City, a male-ro, to turn to the left at the right side of male at the right-side of 1st century.

Since the location is at the intersection without signal lights, the driver of the vehicle has a duty of care to check whether there is a cross-road by reducing the speed or temporarily stopping the vehicle and safely drive the vehicle.

Nevertheless, the Defendant neglected to do so and got the right side of the victim C's motorcycle driving, which was proceeding from the male side of the Madung-eng, Co., Ltd. at the male side by negligence, as it was, received the front side of the above cargo vehicle of the Defendant.

As a result, the Defendant suffered from the injury of the framework of the body of the victim due to the foregoing occupational negligence, and around 12:10 on August 18, 2013, the Defendant caused the death of the victim who was receiving medical treatment from the F Hospital located in the North-gu E Hospital in the Posi-si, Ma due to brain escape.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. The actual survey report on traffic accidents;

1. A medical certificate of death;

1. Application of each statute on photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the vehicle is in conflict with each other, that the vehicle was insured by the Financial Cooperative and that the victim and his/her bereaved family members agreed smoothly);

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