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(영문) 대구지방법원 상주지원 2015.04.07 2015고단53
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a new driving truck.

On June 28, 2013, the Defendant driven the above vehicle on June 17:13, 2013, and proceeded at a speed that would not be known to the front four-distance road in the city E at the same time on the side of the Seosan apartment, with the view to the air protection from the Seosan Apartment High School.

Since there is an intersection with on-and-off lights and concession signs installed, a person engaged in driving of a motor vehicle has a duty of care to check whether there is a vehicle crossing by reducing speed or temporarily stopping, and to prevent accidents by driving the motor vehicle.

Nevertheless, the defendant neglected this and caused the collision between the front part of the Gpoter Ⅱ, which was driven by the victim C (the age of 69) driven by the victim C (the age of 69) who was driven from the upper right side of the running direction of the defendant, and the front part of the above tank Ⅱ, which was driven by the defendant, with the rear wheels and the right side gas valve.

As a result, the Defendant suffered from a serious injury, such as a pellley, etc., in the foregoing occupational negligence, and at the same time, caused the death of the victim H (V, 70 years of age), who was accompanied by the said damaged vehicle, at around 00:47, on July 1, 2013, in the Daegu-gu Incheon Metropolitan University University Hospital, which was under the direct transmission treatment, to a multiple long-term part of the patient room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. The actual survey report on traffic accidents;

1. Protocol of inspection;

1. C's written statement related to traffic accidents;

1. Application of Acts and subordinate statutes to C 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 concerning criminal facts;

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

1. Where there occurs a serious injury (one-one-one-one-one (one-one-one-one-one (one-one-one-half) area (one-one-one-one (one-one-one)) in the area of aggravation (the person causing a traffic accident) of the first type of general traffic accident (the scope of recommendation).

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