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(영문) 대구지방법원 서부지원 2016.04.15 2016고단136
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 22, 2015, around 05:50, the Defendant driven a B Poter Cargo, and proceeded two lanes in front of D gas stations located in Daegu Seo-gu, Seo-gu, with three-lanes of four lanes from the four-distance distance outflow to the four-50km each hour.

At the time, there are a large number of dogs, so in such a case, the driver of the motor vehicle has a duty of care to reduce the speed and to prevent the accident in advance by checking well the right and the right of the driver.

Nevertheless, the Defendant neglected this and got the victim E (the age of 75) who crosses the cargo to the right side from the left side of the progress direction due to negligence that led to the Defendant’s failure to do so.

The Defendant’s negligence caused the death of the victim from a high-level brain hiverosis at a prestigious University Hospital in the middle-gu of Daegu on 24. 13:52 of the same month due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the victim has agreed with the bereaved family member, the fact that the victim has subscribed to the mutual aid association, the fact that the victim's negligence is one of the causes of the

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