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(영문) 대구지방법원 경주지원 2016.12.08 2016고단581
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year 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 July 19, 2016, at around 09:20, the Defendant, at around 09:20, proceeded at about 80 km from the side of the city to Ulsan, along with the first line from the side of the city, the two-lane roads in front of the D cafeteria in the racing C.

There are four streets in which signal lights are installed and the center separation cost is installed. In such a case, the driver has a duty of care to safely drive the brake system by reducing speed and thoroughly operating the brake system at the front-time.

Nevertheless, the Defendant neglected this and found the victim E (76 years of age, female) who illegally crosses the road on the right side at the left side of the course of the course of the course of the course of the course of the course by negligence, and operated the hand in two lanes, and followed the balke, but the Defendant was faced with the victim by the front part of the foregoing cargo due to the failure to avoid it.

Ultimately, at around 12:52 on the same day, the Defendant caused the death of the victim due to the above occupational negligence at the Ulsan National University Hospital located in the Ulsan National University Hospital in the 8777 Ulsan-dong, Ulsan National University Hospital, where the victim was under medical treatment at around 12:52 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident (2nd class/Death accident), a survey report on actual condition, on-site photographs, death certificate, CCTV-cape photographs

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. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act (Article 62(1) of the Victim’s Family Members and Family Members’ Family Members’ Family Members’ Family Members’ Family Members’ Family Members’ Family Members’ Family Members’ Family Members’ Family Members’ Family Members’ Family Members’ Family Members’ Family Members’ Family Members

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