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(영문) 대구지방법원 서부지원 2015.06.12 2015고단529
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, 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 a B-to-car.

On November 22, 2014, the Defendant driven the said car on the 06:23rd of November 22, 2014, and driven the three-lane road in front of the D cafeteria in Daegu Seo-gu, along two-lanes from the fugitive distance to the 50km high-speed distance.

At the time, there were new walls, and there were crosswalks where signal lights are installed on the front door, so there was a duty of care to check whether a person engaged in driving of a motor vehicle was a person to reduce speed and to check well the front door and prevent accidents in advance.

Nevertheless, the defendant neglected this and found the victim E (the age of 83) to be right-hand side on the left-hand side by using the crosswalks of Mad pedestrian-flue pedestrian fluor, which is going beyond the road by the defendant's driver's left-hand side.

Ultimately, at around 19:42 of the same day, the Defendant caused the death of the victim due to the occupational negligence in the emergency room of the Gyeongbuk University Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The actual condition survey report;

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

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents and Special Cases concerning the Selection of Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment)

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, the first offender, the fact that comprehensive insurance is subscribed, the bereaved family members and the bereaved family members and the first agreement);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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