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(영문) 대구지방법원 서부지원 2015.02.10 2014고단1913
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 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 a cargo vehicle B 4.5 tons.

On November 13, 2014, at around 16:40, the Defendant parked the above cargo vehicle in front of the Dracker in Daegu-gun, Daegu-gun, but started the vehicle driving vehicle from the direction of Dracker to the Dracker on the left-hand side of the Gluri-ri Village.

Since there is a pedestrian on the left-hand side of the driving direction of the vehicle at the time, the driver of the vehicle has the duty of care to check whether there is a person driving the vehicle on the side of the vehicle, and to prevent the accident in advance by safely driving the vehicle.

Nevertheless, the Defendant caused the death of the victim E (the age of 63) walking on the left side of the vehicle due to the occupational negligence of which the driving stand on the left side without examining the left side of the vehicle, and which led to the death of the victim due to multiple damage, such as a cryp fry, alleys, and alleys.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents and Special Cases concerning the Selection of Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment)

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, and comprehensive insurance coverage, the fact that the victim's bereaved family members and the bereaved family members have agreed smoothly with each other, and other consideration of age

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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