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(영문) 대구지방법원 2018.04.13 2017고단7085
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of 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 C and C 3 cargo vehicles.

On September 1, 2017, the Defendant driven the above cargo vehicle around 11:00, and led to the right-hand of the crosswalk at a speed of about 28.5km at a speed of about 28.5km from the four-distance protection area per half month, which is calculated in the middle-gu, Daegu.

Since there is a place where bicycle crossing roads and pedestrian crosswalks are installed, in such a case, the driver had a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty and duty

Nevertheless, the Defendant neglected the duty of the front direction and caused the damage to the road by the negligence of bypassing it as it is, while neglecting the duty of the front direction, and the part of the bicycle driving on the front side of the victim D (n, 75 years old) driving on the pedestrian crosswalk with a bicycle going to the front right side of the defendant's vehicle, later than the end of about 3.2 seconds of the green signal of pedestrians.

Ultimately, the Defendant’s negligence caused the death of the victim from cerebral cerebral cerebral cerebral cerebral Bribery at the Gyeong-gu, Daegu-ro, Daegu-ro, 130 on September 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, the report of a traffic accident (1) (2) (2), the investigation report (including attachment, deposit, etc. of a death certificate), the investigation report (a notification of the results of the analysis of a traffic accident);

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures arises, which results in the serious result of the death of the instant traffic accident; the defendant reflects the defendant; the defendant agrees with the victim's bereaved family; the defendant's primary offender is the primary offender; the defendant's age, sex, environment; and

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