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(영문) 대구지방법원 2014.02.20 2013고단7016
교통사고처리특례법위반
Text

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

except that 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 Category B truck of one ton.

On December 5, 2013, at around 18:00, the Defendant continued to drive a four-lane of the two-lane road of Mali-si, Daegu East-gu, Daegu-gu, at approximately 60km from the direction of the direction to the boundary of the mountain village market.

On the other hand, a crosswalk with signal lights is installed at the front door, so that the driver of the vehicle has a duty of care to safely drive the vehicle by reducing the speed of the vehicle, properly operating the brake and steering gear, and accurately operating the crosswalk and steering gear, and checking whether there are pedestrians who walk the crosswalk.

Nevertheless, the Defendant neglected this and got the victim C (the age of 67) crossinging the crosswalk from the right side of the vehicle driving by the Defendant to the left side in accordance with the new subparagraph, due to the negligence of driving in violation of the signal as it is, the Defendant neglected it, and received the front side of the vehicle driving.

Ultimately, at around 19:05 on December 5, 2013, the Defendant caused the death of the victim due to the above occupational negligence due to the cage of cage at the E Hospital located in Daegu Dong-gu, Daegu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant violated the signal and caused the accident causing the death of a pedestrian walking on the crosswalk, and thus, the liability for the crime is not easy, but the fact that the victim's bereaved family members and the bereaved family members agree smoothly, that the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, that the defendant has no record of criminal punishment other than a fine once, and that other crimes of this case are committed.

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