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(영문) 대구지방법원 상주지원 2016.01.19 2015고단542

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Poter Cargo Vehicles B.

On October 9, 2015, the Defendant driven the above vehicle at around 09:25, and had C run from the front of the road at the time of stay to the in writing from the front of the vehicle at the time of stay.

At this point, the local highway was a local highway with the center line of the one-way line and was a bend road with the direction direction, so a person engaged in driving duty has a duty of care to prevent accidents by driving at the prescribed speed.

Nevertheless, the defendant neglected this and neglected to do so.

I think, I think that the speed of 60 km, which is the Domin, is above the speed of 86.59 km per hour, and found and operated the warning engine of the victim D (the remaining, 78 years old), which was ahead of the same direction, and did not avoid the situation, but was loaded back to the left side of the front side of the vehicle of the defendant's driving.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence by suffering from an injury, such as an injury of an external wound, which does not have any open address within the two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. A report on investigation (with respect to the speed of an accident vehicle);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (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 on the suspension of execution [the scope of recommendation] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) [Special mitigated Persons] The defendant's decision not to impose criminal punishment for the last ten years. The defendant's driving vehicle has no record of criminal punishment for the last ten years. The defendant's vehicle is covered by comprehensive automobile insurance, and the defendant's age, sex and environment, motive, means and means of crime.