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(영문) 대구지방법원 2016.07.21 2016고단1965

교통사고처리특례법위반

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 engaging in driving a C-si.

On April 11, 2016, the Defendant driven the above taxi at around 09:00, and continued to drive a three-lane road in front of the E meat store located in Daegu Northern-gu, Daegu, along one-lane from the parallel of East East to East Asia.

At the time, the bicycle was changed from the right side of the Defendant’s running direction to the first lane, and in such a case, a person engaged in driving service has a duty of care to prevent accidents by driving the bicycle safely by driving the bicycle in a safe way by keeping the traffic situation on the front side and the right side.

Nevertheless, the Defendant neglected to do so and proceeded on the left side of the bicycle of the said victim and received the part behind the said taxi as the front part of the said taxi.

As a result, the Defendant caused the death of the Defendant due to the occupational negligence in 10:25, the 17th Daegu Nam-gu University University Hospital, Daegu-gu, 33:5, a lux luxa, during treatment at a university hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of traffic accidents;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a death certificate;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accidents Act No. 62(1) [Article 62(1) of the Criminal Act / [the scope of the recommended punishment] / [Article 62(2) of the mitigated area (Article 62(1) / [Article 62(1) / [Article 62(2) / [Article 62(1) / [Article 62(1) / [Article 62(2) / [Article 62(1) / [Article 62(1) / [Article 62(2) / [Article 62(1) / [Article 62(1) / [Article 62(1) / [Article 62(2) /