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(영문) 대구지방법원 경주지원 2017.08.30 2017고단101

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a stable truck at the beginning of five tons.

On December 8, 2016, the Defendant operated the above cargo vehicle on the 15:41 on December 15, 2016, and was driving on the 4th national highways from the ridge to the 4th national highway of the D gas station in the racing-si.

Since the place was installed with the center line of yellow solid lines, in such a case, there was a duty of care to prevent accidents in advance by accurately operating the steering direction and brake system, controlling the speed in advance in order to safely drive the vehicle.

Nevertheless, the Defendant neglected to take a sudden action and caused the said cargo to flock on the way of the said cargo vehicle, and the Defendant was in the front part of the Defendant’s cargo vehicle, where the FF of the Victim E (S 47) drive f, which was going to flock from the direction of the Defendant’s running to flock, was in the front part of the Defendant’s truck.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand booms that require approximately 14 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to a report on the occurrence of a traffic accident and a report on the actual condition of an investigation;

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 the grounds for sentencing under Article 268 of the Criminal Act;

1. Application of the sentencing criteria [the scope of the recommended sentence] basic area (the injury or injury caused by a traffic accident) of the type of general traffic accident;

2. The Defendant, who was sentenced to sentence, caused a traffic accident by overcoming the central line by negligence which operated the brake system in a thorough manner.

In addition to the degree of fault of the defendant, the victim suffered relatively serious injury.

(b) the defendant;