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(영문) 대구지방법원 영덕지원 2018.04.04 2018고단23

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for a period of 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 a sports cargo vehicle C.

On August 20, 2017, the Defendant driven the above cargo vehicle at around 16:25, and led to the flow of the long-distance intersection from the original territorial sea to the creative dystrophy area of the territorial sea at about 60km from the territorial sea.

Since there is a frequent intersection of vehicle driving, there was a duty of care to temporarily stop the vehicle to pass the intersection prior to entering the intersection and drive the vehicle while driving the vehicle.

그럼에도 불구하고 피고인은 이를 게을리 한 채 위 교차로 진입 전 일시정지하지 않고 통과 중인 차량 유무를 제대로 살피지 않은 채 그대로 위 교차로에 진입한 업무상 과실로, 위 교차로를 피고인 진행방향 좌측에서 우측으로 통과 중이 던 피해자 D(61 세) 운전의 E 오토바이 오른쪽 부분을 피고인이 운전하던 위 화물차 앞 범퍼 부분으로 들이받아 이에 튕겨 나간 피해자를 도로에 전도시켰다.

As a result, the Defendant suffered injury to the victim, such as the 13 weeks of treatment, by negligence on the part of the right frame, which requires approximately 13 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Police statements of the F;

1. Reports on internal investigation (receiving a written statement of intent and applying serious injury);

1. A traffic accident report and a traffic accident report (on-site investigation report);

1. Application of Acts and subordinate statutes to each medical certificate and opinion;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to five years;

2. The punishment for which the sentencing criteria are applied; and