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(영문) 대구지방법원 서부지원 2015.03.10 2014고단1922

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for four 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

1. Although the Defendant obtained a Class 2 automatic transmission driver’s license, at around 09:40 on October 20, 2014, the Defendant driving a Class B 2 river from the 20km section to the front road of the village entrance located in the Ganbuk-gun, Gyeongbuk-gun, Gyeongbuk-gu, Daegu-si, to the front road of the village entrance located in the Ganbuk-do.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving freight B.

At the date specified in paragraph (1), the Defendant had a one-lane road in front of the entrance of the village located in the Dasan-si of the Dasan-gun of the North Korean People's Republic of Korea, from the Dasan Middle School, to the Dasan-gun area.

At the time, the boom road is milched and its location was a bend road in which the central line of yellow-ray is installed. In such a case, the driver of the motor vehicle had a duty of care to reduce the speed and safely drive the road on the front side and the left side, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and received the front part of the D Poter Cargo Vehicle B as the front part of the B Poter Cargo Vehicle of the injured party C (Nam, 57 years old) who was going to the opposite lane from the Materne-gun Seaside to the Dasan Middle Middle School Seaside.

As a result, the Defendant suffered, by negligence in the above business, injury to the victim C, such as a pelle, etc., which requires approximately 13 weeks of medical treatment, and injury to the victim E ( South and 38 years of age) who was accompanied by the cargo vehicle B in the above B, including cryp and tension for about 2 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

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