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(영문) 대구지방법원 서부지원 2016.09.02 2016고단1096
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

On April 24, 2016, the Defendant driving a B taxi at a speed of about 60km per hour, according to the four-lanes of the road from the center of the “KB National Bank” located in 1777 as the Seo-gu, Seo-gu, Daegu.

At the time of night, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by reducing speed and checking the right and the right and the right of the motor vehicle.

Nevertheless, the defendant neglected this and did not discover the victim C(72 years of age) who walked the road on the right side from the bed left side and got the victim as the front part of the above taxi and exceeded the ground.

Ultimately, the Defendant caused the death of the victim by occupational negligence in an emergency room of the Lifelong University Hospital, located in the Daegu-gu Jung-gu, where the victim was under the follow-up treatment at around 05:57, on April 24, 2016, due to the cardiopulmonary shock from the low volume shock.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the victim has agreed with his/her bereaved family members, the fact that he/she has subscribed to a mutual aid, the fact that the victim has been negligent in crossing a five-lane road without permission even at night, and the driver has no previous record except for a fine imposed once due to

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