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(영문) 대구지방법원 2014.10.16 2014고단3816
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 May 30, 2014, at around 17:25, the Defendant driven the above cargo vehicle and got into the bend by the left side of the road of modern cement, which enters the direction of dwarfung-gun, Gyeongcheon-gun, Gyeongcheon-gun, by driving the said cargo vehicle, toward the direction of dwarf, and driving toward the direction of dwarf in the direction of dwarf., and entered the top by the left side.

It is a narrow road bend by the left-hand side, and where a usual traffic accident is frequent due to the failure to secure a proper front view, so in such a case, the driver of the vehicle has a duty of care to prevent the accident by driving the vehicle in a safe way by thoroughly reducing the duty of front view and right view to the driver of the vehicle, and by driving the vehicle in a safe way so that the driver of the vehicle can grasp the front direction of the road.

Nevertheless, the Defendant neglected this and immediately discovered the Dial-car driven by the victim C(the age of 58) who was under speed operation at the front of the Defendant, while driving by entering the bend and driving on the above bend road. However, the Defendant did not avoid it, but was able to receive the back part of the said vehicle with the front part of the said cargo vehicle driven by the Defendant.

On June 9, 2014, the Defendant: (a) caused the death of the victim due to cerebral typhism in a property hospital located in the Daegu Jung-gu, Daegu-gu, 56, where the Defendant was under transmission treatment at around 10:50 on June 9, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A death certificate;

1. Application of the Acts and subordinate statutes to the traffic accident occurrence report and the actual survey report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act (amended by the Act on the Suspension of Execution) of the Criminal Act (amended by the Act on the Suspension of Execution).

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