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(영문) 대구지방법원 포항지원 2019.01.30 2018고단1601
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 a Bchid hybrid car.

On October 14, 2018, the Defendant driven the above car on October 14, 2018, and moved to the left at the intersection of the “D” cafeteria located in the south-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant left the left from the e hospital.

At all times, a person engaged in driving of a motor vehicle along an intersection with a red signal apparatus has a duty of care to safely drive the motor vehicle by driving the motor vehicle while temporarily stop in the immediately preceding stop line in the intersection.

Nevertheless, due to the occupational negligence of the Defendant’s progress without temporarily suspending the stop line, the victim F, who crosses the road near the crosswalk to the left-hand side of the crosswalk (the third year old) and G (7 years old) were the front-hand part of the said car, and due to the shock, the above F head portion going beyond the road was divided into the front side of the said car.

As a result, the Defendant suffered injury to the victim G due to the above occupational negligence during approximately two weeks of medical treatment, and at the same time, the victim F caused the victim F to die due to the severe damage caused by a traffic accident at an I Hospital located in H in South-gu, South-gu, Mapo-gu, at around 10:08 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. The actual survey report and the accident site photograph;

1. A death certificate and a medical certificate;

1. Application of Acts and subordinate statutes in Chapter 7 - CD 1 of the investigation report (in the event of on-site investigation and on the analysis of black stuffs), - gabbbbbbblings to the effect that

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the suspended sentence.

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