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(영문) 광주지방법원 2013.06.10 2013고단1648

교통사고처리특례법위반

Text

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

except that 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 engaging in driving a 25 tons dump truck.

On February 27, 2013, at around 14:10, the Defendant continued the intersection of the distance from the calculation of the distance to the direction of the west-Eup in the direction of the west-to-west.

Since there is a signal apparatus installed, there was a duty of care to prevent accidents in advance by driving safely to a person engaged in driving of a motor vehicle in accordance with the new code.

Nevertheless, the defendant neglected this and received the right side of the victim C(72 years of age) driver C (the 72 years of age) driving, who was directly engaged in under the new name from the left side of the running direction of the defendant's right side by negligence in violation of the signal, as the chief wheels of the truck.

As a result, the Defendant suffered injury, such as duplicating the victim for about eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C Preparation statement of victim;

1. Each description of the actual condition survey report and diagnosis report;

1. Application of statutes on images of on-site photographs;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that the defendant has reached an agreement smoothly with the victim, and that the defendant acknowledges