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(영문) 대구지방법원 김천지원 2014.10.01 2014고단874
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 CK5 cars.

On May 8, 2014, the Defendant driven the above vehicle at around 08:08, and proceeded with the two-lane road in front of the latter part of the ELDplate factory in the Gu and Si/Gun/Gu, at about 90km each speed from the south-gu, U.S. intersection to the Gu and U.S. intersection.

At the time, since the defendant's front section of the motor vehicle was in progress, there was a duty of care to maintain safety distance for the defendant engaged in driving the motor vehicle, to check the safety of the course by checking well the front section and the left and right of the motor vehicle, to accurately manipulate the steering direction and the brake system, and to prevent the accident in advance.

Nevertheless, the Defendant neglected the duty of Jeonju to stop a taxi on the left side without reporting the taxi to turn to the right, and the Defendant immediately changed the passenger line to the second line, while finding the said taxi late, and received the victim D (28 years old) who walked on the crosswalk installed on the right side of the horse at the front part of the said vehicle in order to avoid this fact by negligence by excessively operating the steering gear on the right side.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence from the old-si Hospital affiliated with the Macheon-do University, 179, which was under the follow-up treatment at around 00:09 of the same month, to the death of the victim due to serious cerebral cerebralop.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement of E;

1. The police statement concerning F;

1. A traffic accident report, a traffic accident report, and a traffic accident occurrence report (2 reports);

1. A copy of a death diagnosis document;

1. Application of the Acts and subordinate statutes to traffic accident investigation results;

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. A crosswalk shall be held by the defendant with the reason for sentencing under Article 62(1) of the Criminal Act.

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