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(영문) 대구지방법원 서부지원 2015.05.15 2015고단372
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 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 of B 2 cargo vehicles.

On December 31, 2014, the Defendant driven the above cargo vehicle at around 16:55, and driven the front road of D in Seogugu Seo-gu, Daegu along the two-lanes between the non-permanent intersection and the non-permanent intersection.

In such cases, a person engaged in driving duty has a duty of care to prevent accidents and safely drive the steering gear and brakes by accurately operating the steering gear and brakes.

Nevertheless, the defendant neglected this and did not discover the victim E (or, 65 years old) who was crossing the road on the right side from the left side of the running direction of the defendant at the time when he was faced with the failure to discover the victim E (or 65 years old) and thereby, he got the victim to go beyond the road.

Ultimately, the Defendant caused the death of the victim by occupational negligence in the G Hospital emergency room located in Daegu-gu, Daegu-gu, at around 17:42 on the same day due to low blood shock, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on a traffic accident, a survey report on actual condition, 1, 2;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents and Special Cases concerning the Selection of Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment)

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, the fact that the victim was an accident that occurred during the crossing of the road without permission, and the fact that the victim and his/her bereaved family

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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