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(영문) 대구지방법원 경주지원 2020.04.29 2019고단780

교통사고처리특례법위반(치상)

Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of 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 a wing wing truck with one ton of a new day.

On September 21, 2019, at around 11:40 on September 21, 2019, the Defendant driven the above cargo vehicle, and tried to drive the access road to the D golf course in racing C from the D golf course to the E-section in the speed of about 45km.

At that time, the center line of the yellow-ray was cut down to the right side where the center line of the yellow-ray was installed, and at that time, the bit and the surface were miled, so in such a case, the driver had a duty of care to safely drive the motor vehicle to prevent accidents in advance by reducing the speed, properly operating the steering and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, the Defendant neglected this and broomed broom and broomed on the broom, and proceeded against the opposite lane due to the negligence of the central line of the yellow-ray, which was driven by the victim F (F.M. 61 years old). The Defendant was placed in front of the freight truck of the Defendant.

After all, the Defendant suffered from the above occupational negligence to the victim F with injury, such as freshing fat, which requires approximately 12 weeks of medical treatment, and the victim H (the f6 years of age) who is a passenger of the said car, for about 6 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Reporting on the occurrence of a traffic accident;

1. The actual condition survey report;

1. On-site photographs;

1. A report on investigation (the state of damage and a deposit case);

1. Application of Acts and subordinate statutes to investigation report (to listen to telephone statement, such as damage caused by the damage to the victim;

1. Article 3 (1) and proviso of Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the corresponding Act on 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. The fact that the victims of Article 62(1) of the Criminal Act and the victims of the suspended execution have agreed smoothly, that the vehicle has purchased the comprehensive automobile insurance policy, and that there is no record of punishment other than once of a fine, etc.