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(영문) 대구지방법원 서부지원 2019.10.22 2019고단738

교통사고처리특례법위반(치상)

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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 FH 6x2 Track Track goods.

On October 31, 2018, at around 08:42, the Defendant driven the above cargo vehicle at one lane in front of the D, located in Seongbuk-gun, Seongbuk-gun, Gyeongju, and proceeded along one lane from the direction of the Clock ginseng to the Sungju-Eup.

At this point, there is a yellow on-and-off signal in the direction of the defendant's proceeding, and in such a case, the road is an intersection on which no signal is installed, so the driver of the motor vehicle is obliged to drive the motor vehicle at a speed that it can stop immediately, drive the motor vehicle at a speed that is able to stop, take care of well the right and the right and the right of the motor vehicle, drive the motor vehicle while driving the motor vehicle with due care to prevent accidents by accurately operating the steering and brake

Nevertheless, the defendant neglected to discover and proceed with the victim's 68 km (60 km speed) at a speed of time in violation of the signal, and thereby the victim E (e.g., the 68 years old) driven by the victim E (e., the 68 years old) at the right side of the above cargo driving.

Ultimately, the Defendant suffered from a serious injury, such as cutting off on the right side and knives necks, which require approximately eight weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. G statements;

1. A report on internal investigation (verification of the details ofCCTV traffic) and a report on investigation (a report on the confirmation of the speed limit on roads corresponding to police officials in charge of the investigation on this case);

1. Report on the occurrence of a traffic accident, actual survey report, and analysis of a traffic accident;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the victim suffered serious injury due to the instant accident, etc. is disadvantageous.