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(영문) 대구지방법원 2016.07.28 2016고단2226

교통사고처리특례법위반

Text

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

However, the execution of the above sentence 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 B Poter cargo vehicles.

On April 1, 2016, the Defendant proceeded with the road of 883-30 Samsung Do-do, front of Samsung Gun Park in active service, at about 50 km from the upper side to human interest, at the speed of about 50 km against the south side of Simsan-si on April 1, 2016.

At the time, the center line of the yellow power line is installed at night, and there is a place where the yellow power line is installed. Thus, there was a duty of care to safely drive the car line, unless the driver takes full care of traffic in the opposite direction due to the urgent circumstances and exceeds the opposite line.

Nevertheless, the Defendant neglected this and found the victim C (at the age of 51) who was going to the upper her behalf on the side of the back of the back of the back of the back of the bicycle in order to overtake the above vehicle, and did not avoid this, and caused the victim to go beyond the ground by taking the bicycle front of the victim's bicycle on the left side of the Defendant's cargo vehicle.

After all, the defendant suffered damages to the victim for approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, field photographs, and diagnostic certificates;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) [Special mitigated Persons] The sentencing conditions indicated in the records of this case, such as the following circumstances and the defendant's age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, etc.