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(영문) 대구지방법원 2016.09.08 2016고단2705
교통사고처리특례법위반
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving Category C cargo vehicles.

On May 9, 2016, at around 13:35, the Defendant driven the above cargo vehicle on the road located in the Escki in Busan Metropolitan City, Gyeong-si, and made the left turn to the left at a speed of about 20 to 30km per hour according to the road of speed from the opposite hot spring protection area to the front side of the other hot spring protection area.

At that time, there is a duty of care to drive safely by checking whether there is a person who has a way to reduce speed and check the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and did not avoid the victim F (the age of 83) who was crossing the intersection due to negligence, leading the pedestrian aids while driving the intersection, and the Defendant shocked the victim in front of the cargo vehicle driven by the Defendant.

Ultimately, around 14:05 on May 9, 2016, the Defendant caused the death of the victim in the above accident site due to the occupational negligence as above, from the two parts of the accident to the two parts of the accident site.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written result of autopsy;

1. Application of Acts and subordinate statutes governing accident site photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents Act (Type 2 (Class 4-1) (Class 4-1) (Special Mitigation) [including serious efforts to recover damage] [Pronouncement Decision] The results of the death of the victim due to the instant traffic accident were occurred, but the said bereaved family members do not wish to punish the defendant separately from the victim's bereaved family members, except for the vehicle of the defendant's driving being covered by comprehensive insurance, and the defendant's initial crime and his depth is divided.

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