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(영문) 대구지방법원 의성지원 2013.04.25 2013고단61

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for 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 one ton cargo vehicle B.

On January 16, 2013, the Defendant driven the above cargo vehicle at a speed of about 40km at a speed of about 10km from the boundary of “Dain Agricultural Funeral Co., Ltd.,” to “Dain Indones-gun,” which is in the principle of “Dain-gun,” by driving the said cargo vehicle at a speed of about 16:10 meters.

At the time, the Defendant was trying to overtake the victim C(the age of 81) following D C C C C C C-T 100 Ors. At that time, the Defendant was a straight line without a central line. As such, the Defendant was a driver of a motor vehicle, who is engaged in driving the motor vehicle, and has a duty of care to safely overtake the vehicle to the left side of the motor vehicle in order to prevent the accident.

Nevertheless, the Defendant neglected this and neglected to pass over the right side of the Oral Ba, caused the collision of the above Oral Ba part after loading it on the left side of the cargo vehicle, and caused the victim to go beyond the road due to the shock. Accordingly, the Defendant suffered serious injury, such as the two two upper pelles which require treatment for about six months, which may cause danger to life.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The application of statutes to field photographs, diagnosis reports, estimates, and opinions;

1. Article 3 (1) and the proviso to Article 3 (2) 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Facts constituting an offense, and Article 268 of the Criminal Act.

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or above (i.e., Article 62(1) of the Act on the Suspension of Execution (see, e.g., the recognition of the mistake of one’s own identity and reflection thereof; Article 62(1) of the same Act; Article 62(1)