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(영문) 대구지방법원 2018.01.11 2017고단5359
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of Cone Star 6 Track Cargo Vehicles.

On July 20, 2017, the Defendant driven an above cargo vehicle on or around 22:45, and led to the left-hand turn from the fluoral intersection of Daegu Northern-gu to the 198 amblance distance.

At the time, traffic control is carried out at night and at present by signal, etc., so there was a duty of care to safely drive a person engaged in driving service in accordance with the new code.

Nevertheless, the Defendant neglected to turn to the left in contravention of the signal, and found the victim D(60) driving E-witter drive of the victim D(60) with the opposite opposite lane to turn to the left, and failed to avoid this, and received the victim F (F, 61 years old) with a view to cutting down the opposite lane on the left part of the Defendant’s cargo vehicle with the left part of the cargo vehicle. The Defendant got to turn to the left part of the cargo vehicle due to its shock, and was able to cut off the adjacent cargo route.

As a result, the Defendant suffered from the victim D’s occupational negligence by causing injury to the victim D, such as salt, tensions, etc., which requires approximately three weeks of medical treatment, and at the same time, the victim F was killed by the victim F at Daegu Hospital around 00:10 on July 21, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. A copy of a death certificate or medical certificate;

1. On-site investigation reports, such as a survey report, on-site and vehicle photographs, and on-site investigation reports (1, 2 investigation of witnesses, 3 investigation of witnesses, 4 investigation of witnesses);

1. Application of CCTV-recording video CD-related Acts and subordinate statutes;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational and an occupational physician), 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. Article 62 of the Criminal Act:

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