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(영문) 대구지방법원 2019.10.02 2019고단4312
교통사고처리특례법위반(치사)등
Text

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

However, 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 July 23, 2019, the Defendant driving a BM3 car on July 23, 2019, and proceeded ahead of the Djuju station located in Daegu Northern-gu C with the circulation complex distance from the djun-distance outflow.

Since there is a central line, the defendant engaged in driving service has a duty of care to thoroughly operate the motor vehicle on the right side of the center line.

Nevertheless, the Defendant neglected this and led the center line to go on the left side of the center line, and caused the victim E (the 54-year-old driver)'s front part of the victim E (the 54-year-old driver's)'s vehicle driving in the opposite opposite opposite lane to the Defendant's vehicle to be the front part of the Defendant vehicle. The lower part of the Defendant's back-up driver's vehicle stopped due to the shock was shocked with the part of the victim's H half-purged driver's vehicle G (the 54-year-old driver's age).

Ultimately, the Defendant, by such occupational negligence, caused the death of the victim I (the 68-year old), who is a passenger of the Defendant’s vehicle, to the victim I (the 54-year old), who was receiving medical treatment at the K Hospital located in the Daegu-gu, Daegu-gu, on July 23, 2019. In addition, the Defendant suffered from the injury of the victim E (the 54-year old) who is the driver of the said low-tech vehicle, such as the flostal unit in need of medical treatment for about two weeks, and suffered from the injury such as the flostal unit in need of medical treatment for about two weeks to the victim L (the 57-year old) who is the driver of the said vehicle from the flostalter, by the flostal unit in need of medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in E and G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. For each photograph: An accident site and a vehicle, or a black fluore photograph;

1. A written result of autopsy and postmortem examination;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Article 40 of the Criminal Code for the Handling of Commercial Competitions.

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