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(영문) 대구지방법원 김천지원 2015.07.02 2015고단404
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 franchising freight vehicle B.

On November 5, 2014, the Defendant driven the above cargo vehicle around 17:50, and proceeded around 100 meters away from D located in Gumi-si in Gumi-si, in the south-ri area, from the south-ri area, to the female 50km away from the south-ri area.

At this point, it is a one-lane road, and there was no sidewalk at the edge of the road, so the driver of the vehicle has a duty of care to look well at the front side and the left side, to accurately operate the steering system, to verify whether there is a pedestrian passing through the place, and to safely drive the vehicle so as to prevent the accident in advance.

Nevertheless, the Defendant neglected to perform his duty of care and failure to accurately operate the steering and steering gear, and did not discover the victim E (n.e., 76 years of age) who was walking in the same direction, and did not go beyond the victim’s head, etc. with the front part of the cargo vehicle and the front glass part.

Ultimately, the Defendant had the victim receive treatment by occupational negligence as a Daegu University Hospital, which was sent to 33:17-gil-gu, Nam-gu, Daegu District University Hospital. On November 6, 2014, at around 06:11, the Defendant caused the death of the victim due to the low-tension shock caused by the divers damage in the mouth.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of each traffic accident, on-site photographs, vehicle photographs, actual condition survey reports, site photographs, and notification of the results of the traffic accident analysis;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the full agreement is made with the bereaved family members, the criminal records of the defendant, the criminal records of the defendant, the conditions before and after, and after

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