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(영문) 대구지방법원 영덕지원 2016.09.28 2016고단147

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the Dresh Corpos.

On May 31, 2016, the Defendant driven the above vehicle at around 14:20, and led to two lanes from the west to the parallel of the national highways No. 7 adjacent to the intersection of the school valley in Pyeongtaek-gu, Chungcheongnam-do, Chungcheongnam-do, would proceed in parallel with the parallel of the national highways No. 7.

There are two laness and the side of the road, and thus, the driver of the vehicle has a duty of care to thoroughly see the front road, reduce the speed, and safely drive the motor vehicle so that the driver of the vehicle has a duty of care to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and changed the line to the first line, and returned to the second line, the safety heading vehicle that was going on the front line of the said cleaning vehicle, and instead returned to the second line, due to the negligence that does not reduce the speed, received the left side of the said cleaning vehicle from the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant caused the death of the Victim F (the 74 years of age), who was on the back wheel chairs of the Defendant’s driver’s vehicle due to the foregoing occupational negligence, from the Ulsan-gun Medical Center located in the Ulsan-gun, Ulsan-gun, U.S., U.S. on May 31, 2016, where the Defendant was under the treatment of transportation at around 15:00.

Summary of Evidence

Defendant’s legal statement E, report on the occurrence of traffic accidents in each police’s statement protocol against G, report on traffic accident (1) - Investigation report on actual condition, photo (on-site and vehicle), vehicle vehicle-related inquiry, vehicle driver’s license ledger, vehicle death report (A), and attached data on the criminal facts subject to the relevant laws and subordinate statutes, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Selection of Sentence, Article 268 of the Criminal Act, Article 62(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Time of Cleaning of Sentence / [Type Decision] Reasons for sentencing under Article 62(1) of the Criminal Act, Article 62(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Election of Sentence / [The Special Sentencing Person] mitigated.