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(영문) 대전지방법원 홍성지원 2014.06.11 2014고단201

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor 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

The defendant is a person who is engaged in driving of C5 tons of cargo vehicles.

On November 2, 2013, at around 05:58, the Defendant driven the above cargo vehicle, and led the front road in front of the joint venture road in the Soci-Eup Seo-gu Soci-si Soci-si, Jin-si, Jin-si, to go about about 60 km each other in the two-lanes of the joint venture.

At night, there was a duty of care to prevent accidents by accurately manipulating the steering system, brakes, and other devices of the vehicle with the speed reduction and the right and the right and the right of the driver.

Nevertheless, the defendant neglected this and proceeded on the front side of the road in front of the direction of the defendant's driving by the negligence of leaving the front side without living well, and received the head part of the victim D (year 71) in front of the direction of the defendant's driving.

Ultimately, the Defendant suffered from serious injury, such as cerebral cerebral cerebrs, focusing on the fact that the victim did not have any open address, which requires the period of treatment days due to such occupational negligence.

Summary of Evidence

1. Police interrogation protocol of the accused (excluding investigation record Nos. 32, 19 to 33, 8);

1. Statement made by the police to E (including the part concerning the defendant's statement);

1. The actual condition of traffic accidents (1) (2);

1. On-site photographs;

1. Medical certificates and opinions;

1. Application of Acts and subordinate statutes as a result of traffic accident analysis;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. A summary of the assertion of determination as to the assertion by the Defendant and his defense counsel under Article 62-2 of the Social Service Order Criminal Act is a place corresponding to a motorway because the instant accident site is established at a height of about 10 meters from the flat and is not accompanied by a usual person or a bicycle, etc.