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(영문) 대구지방법원 의성지원 2016.06.23 2016고단75
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 one year 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 Poter cargo vehicles.

On December 18, 2015, the Defendant driven the above cargo vehicle around 13:00, while driving the national highway No. 5 near the Geongsung-gun, which is located in the franchisium of the Sungsung-gun, along the two-lanes of the two-lanes, proceeded toward about 90km in speed towards the opposite side of the military.

However, since there is a bicycle ahead of a motor device on the same lane as the cargo vehicle driven by the defendant at the time of the time as the national highway with a speed of 80 km a speed limit, a person engaged in driving service has a duty of care to properly operate the steering direction of the booming vehicle and to prevent accidents by operating the steering direction and the operation of the steering system accurately and safely.

Nevertheless, the Defendant neglected this and proceeded at a speed of about 90km in order to overtake the motor device bicycle on the front side. The Defendant discovered and operated a motor motor bicycle for the victim C (80 cm) who changed the course to the first way, which is the same as the Defendant’s freight vehicle, due to the negligence that did not properly see the front side and did not accurately operate the brake system, and caused the victim to face the motor vehicle’s head part on the upper right side of the freight of the Defendant. However, the Defendant’s left side part of the motor device’s bicycle hand on the upper right side of the bicycle and the victim go beyond the motor autonomy along with the motor bicycle autonomy, and the victim was faced with the victim’s head part on the road floor.

Ultimately, on December 20, 2015, the Defendant: (a) caused the death of the victim at an Ansan-si Hospital located in Andong-si, Andong-si, Andong-si, 11 on December 20, 2015 due to the above occupational negligence; (b) caused the death of the victim due to the climatic b

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident, on-site photographs, internal investigation reports (limited to attaching black images), results of the investigation and analysis of a traffic accident, and notification of the progress of the investigation and analysis of a traffic accident;

1. A death certificate;

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