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(영문) 대구지방법원 서부지원 2016.04.08 2015고단2259

교통사고처리특례법위반

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 becomes final and conclusive.

Reasons

Punishment of the crime

On November 12, 2015, around 18:10, the Defendant driven a road of one-lane in front of the temporary bus stops in the Eup-Myeon, the cost of which is the elderly in the Gyeongbuk-gun, the elderly in the Gyeongbuk-gun, Seoul, at a non-permanent speed.

Since a crosswalk is installed on the front side, in such a case, the driver of the motor vehicle has a duty of care to check whether there is a person who will build the road by reducing the speed and by properly examining the front side and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to stand on the right side of the Defendant’s proceeding direction, thereby putting the victim on the front side of the Defendant’s front side of the vehicle of the Defendant C (V, 71).

At around 18:45 of the same day, the Defendant caused the death of the victim due to the long-term damage of the body at the emergency department of D Hospital on the same day due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to dead bodies;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., the fact that the victim has agreed with his/her bereaved family members, the fact that he/she has purchased a comprehensive motor vehicle insurance