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(영문) 대구지방법원 서부지원 2013.08.13 2013고단829

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for two years.

However, the execution of the above punishment shall be suspended for three 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 CS5 car.

On June 2, 2013, the Defendant operated the said car on June 2, 2013, and continued to drive the said car on the front of the low-carbon 361-3, Seogu, Seoggu, Seoggu, Ligu, to proceed to the front of the lower-class peach telecom, from the Liol-distance off.

In this case, the driver of the vehicle has a duty of care to reduce the speed of the driver of the vehicle, to keep the signal well, to observe the signal, and to check whether there is a person to walk the crosswalk, and to prevent the accident in advance.

Nevertheless, the defendant neglected this and caused the victim to go beyond the ground floor by taking part of the bridge part of the victim D (the age of 27) on which the crosswalk was dried from the right side of the defendant's running direction to the left side of the road, in accordance with the pedestrian progress signal, by negligence in violation of the signal even though it was a stop signal.

Ultimately, due to the above occupational negligence, the Defendant caused the victim to die by cerebral ma from a F Hospital located in Daegu-gu, Daegu-gu, on June 6, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. It is so decided as per Disposition on the grounds of Article 62(1) (i.e., initial crime, comprehensive insurance, and agreement with the bereaved family members) or more of the Criminal Act;