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(영문) 대구지방법원 경주지원 2015.03.04 2014고단1036
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 August 11, 2014, the Defendant driven the above cargo vehicle on August 11, 2016:28, and tried to drive the above cargo vehicle at a speed of 30 km from the Yan-ri to the Yan-ri side of the way near the galle-ri side of the galle-ri side.

At the same time, there were several places where rainwater is in place on the right side of the road, and the defendant was behind the victim C(78 years old) driver's bicycle driving in order to avoid high rainwater, and thus, the driver of the motor vehicle has a duty of care to reduce the speed to those persons engaged in driving the motor vehicle, properly look at the dynamics and embankments of the said bicycle, secure the safety distance, while driving the bicycle in a state where the bicycle and the safety distance are secured, and to prevent the victim from accidents by getting out of the road, and to prevent the accident in advance.

Nevertheless, the defendant neglected this and got the victim a bicycle of the victim's driver who was faced to the left-hand turn at the front part of the driver's vehicle by negligence of the defendant's negligence and let the victim go beyond the floor.

After all, the Defendant caused the death of the victim due to the above occupational negligence, such as the suspension of the heart by an ambassador in the East National University, University, Racing Hospital located in 87, from the East National University, which was under the influence of transmission treatment around 05:07 on October 6, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records of the accused;

1. Statement of each police statement regarding D;

1. Ten copies of a report on the occurrence of each traffic accident, a report on actual condition, three copies of accident vehicles and field photographs, the register of driver's licenses for motor vehicles, chassis, investigation reports (Attachment to a verification source of the fact of being insured with a motor vehicle), certificate of motor vehicle insurance, diagnostic certificate, diagnostic certificate, bicycle photograph, death certificate, death certificate, 10 copies of a report on investigation (Attachment to an agreement), one copy of the agreement on the motor vehicle accident, each proxy, and each Act and subordinate statutes applicable;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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