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(영문) 대구지방법원 서부지원 2017.03.31 2016고단2338

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 May 4, 2016, the Defendant driving of the Cwing and C-III cargo vehicles around 17:00, and led to the front of the post office that has been achieved in the fluorri of the YG in Daegu to proceed with the road in front of the post office that has been achieved in the fluorri of the fluorri of the flus

Since there are frequent traffic of pedestrians, in such a case, the defendant who drives a motor vehicle has a duty of care to prevent accidents by thoroughly keeping the front door and the left door door.

Nevertheless, the Defendant neglected to do so and did not discover the victim D (the age of 26) who crosses the road on the right side from the left side of the course to the right side by negligence of neglecting the previous road, driving ahead of the road, and instead received the victim as the front offender of the said cargo vehicle.

Ultimately, the Defendant caused the victim to die on May 8, 201, at the Daegu KaTol University Hospital on 17:20 around May 8, 2016, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. The actual investigation report on traffic accidents;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., the fact that the victim has agreed with his/her bereaved family members, the fact that the defendant was immediately up to his/her roadway due to his/her violation of the general duty