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(영문) 대구지방법원 2015.05.14 2015고단985
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, 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 DNA truck (25t tank).

On January 24, 2015, at around 19:08, the Defendant driven the above truck, and tried to turn to the right of the DaeguCC’s golf course through the said intersection, while driving the five-lane road ahead of the front side of the mountain ginseng crossing from the parallel of the mountain ginseng distance to the intersection of the mountain ginseng distance in the direction of the city at the direction of the city, at the speed of three-lane, at the speed of the city, and try to turn to the right of the left.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents in advance by checking whether the driver of a motor vehicle is a person walking the crosswalk by checking the front side and the left side of the intersection, and driving the motor vehicle safely in accordance with the signals.

Nevertheless, the defendant neglected this and neglected to turn to the right side of the vehicle in violation of the foregoing new subparagraph, and did not discover the victim E (or 20 years old) crossing the crosswalk from the left side of the vehicle driving direction of the defendant to the right side of the vehicle in violation of the above new subparagraph, and did not find the victim E (or 20 years old) and sent the victim beyond the road to the front side of the defendant's vehicle, and turned to the right side of the above vehicle.

The Defendant caused the death of the victim due to such occupational negligence, such as brain damage and divessis at the Gansan Central Hospital located in 11, Gansan-si, Gansan-si, which was being treated for transmission at around 19:10 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A written result of autopsy;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The application of Acts and subordinate statutes to each investigation report (with regard to the confirmation of the operating recorded meters of the vehicle of the victim, with regard to data controled in the intersection of the accident);

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. Article 62(1) of the Criminal Act:

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