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(영문) 의정부지방법원 2020.06.10 2020고단466

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 dump truck.

On January 15, 2020, the Defendant driven the above truck at a speed of 06:50 on January 15, 2020, and continued C ahead of the road at a speed of fire.

At this point, there is a center line of signal lights and yellow net lines, so in this case, there was a duty of care for those engaged in driving of motor vehicles to keep the lanes well in accordance with the new code and to make a U-turn at the point where the U-turn is permitted.

Nevertheless, the Defendant neglected this and caused the Victim D(50-year-old taxi) drivered the victim D(50-year-old taxi), who was driven by the straight-on signal from the straight-on line to the straight-on signal of both direction, caused the Victim D(50-year-old taxi to avoid collision with the above truck of the Defendant’s driver, and caused the commercial signboard to be displayed.

Ultimately, the Defendant suffered, by negligence in the course of performing the above duties, the injury of the victim D to the closed abund of a string that requires approximately 15 weeks of treatment, and the injury of the victim FF (the age of 43) who was aboard the said taxi to undergo approximately 3 weeks of treatment, such as salt ties, tensions, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Each written diagnosis;

1. Application of Ctvic Acts and subordinate statutes

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures was that the Defendant dump trucks were driven by the central line in violation of the signal, and the victim’s taxi seeking to drive a truck was involved in the accident that the victim’s taxi intending to drive.

The defendant's breach of duty of care was significant, and two victims were injured due to the accident in this case.