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(영문) 대구지방법원 안동지원 2014.11.28 2014고단842

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

around 19:00 on March 3, 2014, the Defendant, who is engaged in the business of driving B car free cars, was driving the said car at around 40-50 km from the right side to the right side of the D Research Institute, which was located in C of the Gyeong-gun, Chungcheongnam-gun, the Defendant driven the 88 local highway from March 3, 2014 to the right side of the west.

At night, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a way to reduce speed and see the front door well.

Nevertheless, the Defendant neglected this and found the victim E (the age of 76) who was crossing without permission on the front side of the road and operated the hand to the left side in order to avoid this, but did not avoid it. However, the Defendant did not go beyond the ground by taking the victim's head, etc. on the front right-hand part of the vehicle and the right-hand part of the vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence, at around 05:40 on July 19, 2014, at G Hospital located in the Ansan-si F, Adong-si, to the respiratory part due to the death of the waste.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. The application of Acts and subordinate statutes to the inspection report and the actual survey report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] General Traffic Accidents in Type 2 (Special Mitigation) [Article 62(1) of the Criminal Code [Article 62(1) of the Punishment Act] [Article 62(1)(Article 62(1)(Article 62)(Article 62(2)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62)(Article 62(1)