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(영문) 대구지방법원 2014.06.26 2014고단2127
교통사고처리특례법위반
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving cars and freight cars in a nanotechnology.

On February 17, 2014, the Defendant driven the above cargo vehicle around 19:00, and proceeded at a speed of about 40 km from the sloping-ro to the parallel of Taesung-gu, Daegu, along the two-lane road, from the sloping-ro to the sloping-ro along one lane.

At the same time, crosswalks are installed on the front side, and the victim C(54) was driving the above crosswalks to the left side from the right side of the defendant's moving the above crosswalks to the left side and waiting to stop at the intermediate point without standing any longer. In such a case, the defendant showed that the victim is going to the middle point of the crosswalks, so in such a case, the driver of the motor vehicle was obliged to pay a duty of care to check and drive the safety after reducing the speed and stopping the victim's movement at sufficient intervals.

Nevertheless, the Defendant neglected this, while driving on the left-hand lane due to the vehicle driving on the left-hand lane, and then discovered the victim who was moving back on the lane of the Defendant, and took an urgent action to avoid this, but the Defendant failed to avoid it, and went beyond the part of the victim's body in front of the left-hand part of the cargo vehicle operated by the Defendant.

Ultimately, the Defendant caused the victim to die due to brain damage in the emergency room of the E Hospital in Daegu-gu, Daegu-gu, around 19:20 on the same day due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Application of Acts and subordinate statutes to a traffic accident report and a traffic accident report;

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

1. Suspension of execution;

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