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(영문) 대구지방법원 서부지원 2014.10.17 2014고단1160
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 is engaged in driving of B Poter cargo vehicles.

On June 7, 2014, at around 20:25, the Defendant driven the above cargo on the front road of the Seocho Agricultural Products Distribution Center for the Seocho Agricultural Products, Seoul Agricultural Co., Ltd., in front of the Seocho Agricultural Products Distribution Center. On the front side of the front line, the Defendant proceeded along one-lane from the front side to Kimcheon-si.

At night, in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected this and did not discover the victim C (V) who was crossing the above road due to the negligence of running it, and received the front part of the Defendant’s cargo vehicle.

Ultimately, the Defendant caused the victim to suffer from an injury, such as blood scarcity, due to such occupational negligence. On June 7, 2014, the Defendant suffered from an injury of the victim, and around 22:30 on June 7, 2014, at Daegu National University Hospital, an emergency treatment of which was provided by the Daegu National University Hospital, 17-33 degrees.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. The actual condition survey report;

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

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents and Special Cases concerning the Selection of Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment)

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the first offender, the occurrence of an accident, the occurrence of a victim's negligence, and the smooth agreement between the victim and his/her bereaved family members);

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