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(영문) 대구지방법원 의성지원 2015.10.15 2015고단155

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B1 ton truck.

On June 24, 2015, at around 16:00 on June 24, 2015, the Defendant driven the above truck with ten workers on a daily-service job, and was driving the truck in front of the simplified bus stops located in the Donbuk-gun, Gunn-gun, Gunn-gun, Gyeongbuk-do, which had been moving to the bypass of the national highway in front of the temporary bus stops located in the Don-gun-gun, Gunn-gun, Gunn-gun,

At this point, the driver has a duty of care to safely pass a three-distance, such as moving the road to the farm, driving the road well, etc.

Nevertheless, the defendant neglected to carry it and caused the victim C (the 68 years old) (the 68 years old) who was on board a truck loading box with the negligence of bypassing it as it is without neglecting it to fall on the road.

As a result, the Defendant suffered injury to the victim C, such as scarcitys and scarkes, in need of approximately 12 weeks of treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A report on traffic accidents and a report on actual condition;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order [Scope of Recommendation] No person who has the basic area (including April to October) of the first category of traffic accident (the injury caused by traffic accident) (the decision of a special person) [the decision of a sentence] [the decision of a suspended sentence 1 year of imprisonment and 120 hours for community service (the circumstances in which liability insurance was subscribed shall be considered];