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(영문) 대구지방법원 경주지원 2014.11.26 2014고단665
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On May 21, 2014, the defendant operated the above car at around 13:45 on May 21, 2014, and continued 20 national highways on the 20th national highways located within the area of the race city.

Since the location is a road of the first line with a yellow solid line, there was a duty of care to safely drive a person engaged in driving service with due care not to dump the central line.

Nevertheless, the Defendant neglected to do so and received the victim C's rocketing car, which was driven by the opposite vehicle due to the negligence of breaking the central line.

Ultimately, the Defendant caused the death of the victim E, who was the same in the same day from the above occupational negligence, at Dong-dong University, University, Racing Hospital on the same day. In addition, the Defendant suffered injury to the victim F, such as large 14 weeks of treatment, such as dump abandonment of dump, opening of dump, and crushing of dump, etc., which requires approximately 12 weeks of treatment to the same victim G, and suffered injury to the victim C, such as the right-hand dump dump of dump, which requires approximately 8 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement made to H and C;

1. Application of Acts and subordinate statutes governing a traffic accident report, actual condition investigation report, scene and vehicle photograph, changer photograph (E), photographic image of black stuffs, body autopsy report (E), internal investigation report (Attachment to a certificate of subscription to a motor vehicle insurance), investigation report (Attachment to a certificate of subscription to a motor vehicle insurance), three copies of a diagnosis report (Attachment to a certificate of injury), each diagnosis report (G, F), each letter of injury diagnosis (C, F), each written agreement and certificate of personal seal impression;

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

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