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(영문) 대구지방법원 서부지원 2016.08.11 2016고단471
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of two 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 of B-II cargo vehicles.

On November 17, 2015, the Defendant driven the above cargo vehicle at a speed of about 10km from the 2nd, 3rd, Dong community service center at a speed of about 10km to the west-gu office, which is located in 87, Seo-gu, Seo-gu, Daegu.

In such cases, there was a duty of care to prevent accidents in advance by safely examining the side of the vehicle driver and safely.

Nevertheless, the Defendant neglected this and did not discover the victim C (V, 76 years old) who was walking behind the cargo vehicle in the aftermath as it was, and did not find the victim C (V, 76 years old). The Defendant received the victim as the part of the cargo vehicle loaded in the above cargo vehicle and caused the victim to be pushed down under the above cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to the foregoing occupational negligence by a multi-presidential long-term injury resulting from a traffic accident at the Lifetime University Hospital, which was in the process of transmitting after around 11:04 on March 5, 2016, in the middle-gu in Daegu-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., the fact that the negligence is recognized, the attitude against the law is shown, the vehicle involved in the accident is covered by the comprehensive motor vehicle insurance, the victim's bereaved family members are unable to punish the defendant under an agreement with the victim, and the defendant is the first offender);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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