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(영문) 대전지방법원 천안지원 2015.09.21 2015고단1181

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for 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 a dump truck.

On February 14, 2015, the Defendant driven the above-mentioned vehicle around 06:00, and driven the front Do road in the Asan City C in the direction of Sipo-si in the direction of Sipo-si in the direction of Sipo-si.

Since there is a place where pedestrians can walk along the side, and it was difficult for them to walk around, the driver of the motor vehicle has a duty of care to accurately operate the steering gear, brakes and other devices of the motor vehicle and to prevent accidents in advance by driving the motor vehicle in a safe manner by reporting the traffic situation on the front side.

Nevertheless, the defendant neglected to do so and neglected to neglect the Jeonju City and operated the above truck.

In the same direction as the vehicle operated by the defendant, the victim E (the age of 49) was found to be late and was rapidly operated, but the defendant was not faced and was able to go beyond the road by shocking the front part of the vehicle operated by the defendant.

As a result, the Defendant suffered serious injury to the victim due to the above occupational negligence, such as the NOS in the EOS of the NOS of the NOS and the unknown brain damage that requires a mental and medical treatment for more than six months.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A survey report on actual conditions and a field map;

1. A medical certificate;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes of the Motor Vehicle Insurance Guarantee Board;

1. Article 3 (1), Article 5, Article 4 (1) 2 of the Act on Special Cases concerning Traffic Accidents under Relevant Acts concerning Criminal Facts, Article 268 of the Criminal Act (Punishment of Depository);

1. Article 62 (1) of the Criminal Act suspended execution. Article 62 (1) of the same Act

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending sentence] general traffic accidents in the category 1 (Bodily Injury resulting from Traffic Accidents) (Special Mitigation) (Special Mitigation (Aggravated Mitigation)) has considerable negligence in the occurrence of traffic accidents or the expansion of damage.