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(영문) 대구지방법원 김천지원 2014.08.21 2014고단121
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 a wing-franchising freight vehicle B.

At around 19:10 on December 7, 2013, the Defendant driven the above cargo on the road No. 33 of the 19-ri village, Young-gu, Young-gu, Young-gu, Seoul Special Metropolitan City on December 7, 2013, and led to the flow of the above cargo on the surface of the Gu and Si.

In this case, the driver of the motor vehicle has a duty of care to safely operate the brake and steering gear in a correct manner.

Nevertheless, the defendant neglected this and did not discover the victim C (A, 67 years of age) who was a pedestrian red sign on the right side of the cargo vehicle as a result of the negligence of proceeding, and did not discover the victim C (A, 67 years of age) and received the front part of the cargo vehicle of the defendant.

Ultimately, the Defendant caused the death of the victim due to multiple prolonged damage in the same workplace by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. A traffic accident occurrence report, on-site photographs, actual condition survey report, and investigation report (as regards the records on the day of the accident);

1. Application of Acts and subordinate statutes on a written autopsy;

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 (limited to the results of damage, previous convictions, etc.; taking into account road conditions, degree of negligence of the victim, the bereaved family members and the bereaved family members at the time of the accident, the depth of the agreement, the support relationship of parents and children, economic circumstances, etc.);

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