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(영문) 대구지방법원 경주지원 2013.04.09 2013고단4
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 drives a motor vehicle B in the course of business.

On August 3, 2012, at around 17:20 on August 3, 2012, the Defendant moved the street in front of the smuggling restaurant located in the Ansan-gu, Ansan-si, Ansan-si, the middle line is located in the area of the Angyeong-gu Office of the Angyeong-gu, Angyeong-do, the area of which has the exclusive lane prior to right-hand.

In such a case, the driver has a duty of care to thoroughly examine the front and rear left, and safely drive the vehicle without exceeding the central line, to prevent the failure of all traffic accidents.

Nevertheless, the Defendant neglected this and shocked the victim C ( South and 58 years old) who was galed from the room of the Gangseo-gu Office, the front line of the defendant's vehicle back to the front line to the front line of the above vehicle.

After all, the Defendant suffered brain injury, etc. due to the above occupational negligence, and as a result, around November 24, 2012, the Defendant caused the death of the victim who was receiving treatment from the D Hospital at Sejong-si due to the cardiopulmonary shock, etc. due to the cardiopulmonary shock.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The actual condition survey report;

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

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Consideration, such as the fact that the vehicles of the accused are covered by a comprehensive insurance and agreed with the bereaved family members of the victim, the first offender who has no criminal power at all, and the second offender against

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