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(영문) 대구지방법원 상주지원 2016.10.18 2016고단344
교통사고처리특례법위반(치사)
Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2. Provided, That 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 Poter Cargo Vehicles B.

At around 11:45 on July 10, 2016, the Defendant driven the above vehicle and led to the intersection of the stigious distance in the documents at the time of permanent display from the west to the stigg of the space at the time of permanent display.

At this point, there was a cross-section with a yellow view signal, so there was a duty of care to prevent accidents in advance by checking well the front left by driving the person engaged in driving service.

Nevertheless, the Defendant neglected to do so and did not properly look at the front left, and the Defendant's negligence, which led from the opening of the Public Security Center to the front left-hand side of the same victim C(80-year-old) driving, which was proceeding from the opening of the Public Security Center to the front-hand side of the sea-going vehicle, conflict with the front-hand side of the sea-going vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by causing the death of the victim due to serious brain injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a traffic accident report, actual survey report, accident site photograph, and death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the bereaved family members of the victim do not want the punishment of the defendant in agreement with the bereaved family members);

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