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(영문) 부산지방법원 서부지원 2018.05.09 2017고단1986
교통사고처리특례법위반(치사)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving C38 tons dump trucks.

On September 15, 2017, around 05:10 on September 15, 2017, the Defendant came to turn to the left while driving at the right angle from the right edge of Kim Sea two lanes of the mountain distance in the way of the 125-lanes of the Busan Gangseo-gu, Busan.

Since a signal, etc. was installed, the driver of the motor vehicle had a duty of care to live well on the right and the right of the driver of the motor vehicle, and to prevent accidents by driving the motor vehicle safely in accordance with the new code.

그럼에도 불구하고 피고 인은 신호를 위반하여 황색 신호에 좌회전을 한 과실로, 반대 차로에서 진행하던 피해자 D(69 세) 운전의 E 1 톤 봉고 화물차를 충격하여 위 봉고 차량이 튕겨 나가 피해자 F(35 세) 운전의 G UNIVERSE 버스를 들이받게 하였다.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as flaverization of flaverization, etc., which requires approximately seven weeks of treatment to the victim D, and injury to the victim F, such as catum flavers, which requires approximately three weeks of treatment. At the same time, the Defendant caused the victim H (V, 59 years of age) on September 15, 2017, on the part of the victim H (V, on the part of the victim D driver, who was on board the flaver fladb, on the part of the victim D driver, and on the part of the emergency vehicle being transmitted back at around 05:37, 2017.

Summary of Evidence

1. Each legal statement of the defendant and the joint defendant D

1. Reports on traffic accidents, on-site photographs, and reports on investigation;

1. Application of Acts and subordinate statutes to each medical certificate and corpse death certificate;

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) and the proviso to Article 3(2)1 of the 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 Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence is a change in the signal of the defendant to turn to the left.

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