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(영문) 대구지방법원 서부지원 2014.07.17 2014고단654
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 wing and cargo vehicle B.

On November 17, 2013, the Defendant driven the above cargo vehicle at around 10:00, and led to the left turn to the right turn from the direction of the Dasan-dong Seongbuk-gun, Seongbuk-do to the direction of the revision of the Dasan-dong Dasan-dong.

In such cases, a person engaged in driving duty has a duty of care to prevent accidents and safely drive safely by taking a full-time and right-hand side into account.

Nevertheless, the defendant neglected this and did not discover the victim C (n,e.g., older than 82) who walked on the road in the direction of the defendant's proceeding, and caused the victim to go beyond the road due to the negligence of the defendant.

Ultimately, at around April 6, 2014, around 09:52, the Defendant caused the victim’s death by occupational negligence, resulting in the death of the victim due to the diversative trauma, etc. at the E Hospital located in Daegu-gu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Article 62 (1) of the Criminal Act (Agreement on Suspension of Execution);

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