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(영문) 대구지방법원 경주지원 2015.05.27 2015고단174
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

The defendant is a person who is engaged in driving of C6.5 tons of cargo vehicles.

On December 19, 2014, the Defendant parked the above cargo on the two-lanes in front of the Gyeongnam Bank located in the Gyeongnam-si, Gyeongnam-si, Gyeongnam-si, Gyeongnam-si.

At the time of night, the passage of the front door of the night, and the location was the intersection, and the driver is not allowed to park at that place, and even if it was made a harsh parking, there was a duty of care to prevent accidents by installing safety signs or using safety measures such as tail lights or sidelights.

Nevertheless, the Defendant neglected to take any measure and left the above cargo vehicle on the two-lanes by negligence on the part of the victim D (the age of 23) who was driving on the surface of the Masan Complex from the Masan River basin, interfered with the course of the Madern, which the victim D (the age of 23) drives, and caused the victim to load the above cargo vehicle on the ground.

Ultimately, the Defendant caused the death of the said victim due to brain damage at the F Hospital located in Ulsan-gu E, Ulsan-si, where the said victim was under medical treatment at around 21:40 of the same day on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records of the accused;

1. G statements;

1. The application of Acts and subordinate statutes to a traffic accident report, actual condition survey report, corpse inspection report, field photograph, photograph of a corpse, driver's license register, car car driving license register, timely inspection report, response according to requests for cooperation in investigation, inspection report, investigation report (Attachment to the certificate of vehicle insurance), investigation report (Attachment to the case report), one copy of the judgment, investigation report (to be attached to the case report), and report on investigation (to be heard report by aG witness); and

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Suspension of execution;

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