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(영문) 대구지방법원 경주지원 2016.11.10 2016고단422
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 a C25 tonex vehicle.

On April 12, 2016, at around 17:45, the Defendant driven the bitex vehicle and proceeded along the four lanes in front of the E Hospital located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City along the three-lanes from the south side of the Southern Twit-ro to the sublime.

It is a road that enters the intersection where signal lights are installed, and there were many vehicles at the time when they stop in the signal atmosphere, and the above bitex vehicle has a wide range of a blind spot due to the height of the body of the vehicle. In such a case, there was a duty of care to check closely the surrounding traffic situation, such as whether there is a person driving service, and to accurately operate the steering and brake system and prevent accidents in advance by driving it accurately and safely.

Nevertheless, the defendant neglected this and proceeded without carefully examining the right and the right and the right and the right and the right and the victim F (F,88 years old) who was crossing the above road from the left side of the direction of the course to the right and obstructed the front of the bitex vehicle without permission was placed in front of the left side of the above vehicle and continued to use the road on the left side of the above vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim due to the cardiopulmonary death of the head, the body head, and the head of the body part.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to G, F, and H;

1. Application of Acts and subordinate statutes to the report on the occurrence of a traffic accident, the report on the actual condition of the traffic accident, on-site photographs, the autopsy report, the autopsy photograph, the inspection protocol, CCTV image CD, and the investigation report (CCTV video verification);

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Criminal Act;

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