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(영문) 대구지방법원 서부지원 2014.02.18 2014고단9
교통사고처리특례법위반
Text

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

except that 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 dump truck.

On November 26, 2013, the Defendant driven the above vehicle at around 13:00, and proceeded along the two-lane road near the remote distance in the erogic basin in the Seogdong-gu, Seogu, Daegu along the two-lanes from the erogic bank to the crew. The Defendant led to the erogic distance in the erogic basin.

At the same time, the Defendant was standing in front of the crosswalk in order to make a right-hand way. In such a case, the Defendant had a duty of care to prevent an accident by safely driving by driving another vehicle driving along the lane, due to the following: (a) checking whether the pedestrian signal of the crosswalk was changed to a red light; and (b) checking whether there was no pedestrian crossinging the road late later; and (c) driving the vehicle safely, such as by taking care of the vehicle driving along the other vehicle driving along the lane, and by safely driving the vehicle, such as bypassing the road.

Nevertheless, the Defendant neglected this and started the driving direction without thoroughly examining the left side of the driving direction. However, the Defendant did not find out the victim C (W, 78 years old) who crosses the crosswalk, the pedestrian signal of which is the red light, from the left side of the Defendant’s driving direction, and did not find out the victim C (W, 78 years old) and got the victim into the front side of the Defendant’s vehicle, and caused the victim to change the victim’s body in front of the above vehicle.

Ultimately, the Defendant caused the victim to die by his occupational negligence on November 26, 2013 at the emergency room of the Daegu-gu University Hospital, Daegu-gu, 17-3, at the 2nd park, on November 14:48, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Reports on traffic accidents;

1. Application of Acts and subordinate statutes to autopsy records and death diagnosis reports;

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, Criminal Act;

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