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(영문) 대구지방법원 2016.01.28 2015고단6068

교통사고처리특례법위반

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

However, the execution of the above punishment shall be suspended for a period of 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 B Pops owned by the Defendant.

On September 15, 2015, the Defendant driven the above cargo vehicles around 19:10, and proceeded in the direction of the movable property in the direction of the Cheongdo-Eup in accordance with the first way in front of the Sejong Metropolitan City-do, Co., Ltd., Ltd., located in the front of the 2890 Cheongdo-do-ro.

Since the restriction speed is at a speed of 60 kilometers per hour, a person engaged in driving a motor vehicle has a duty of care to safely drive the steering area and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the Defendant neglected this and was negligent in proceeding at a speed of 30.91 kilometers a speed exceeding 30.91 kilometers a speed above the speed of 90.91 kilometers a speed, and received the left part of the rear loaded part of the victim C (64 cc) driving ahead of the foregoing cargo vehicle.

As a result, the Defendant suffered injury to the victim C during the above occupational negligence due to the number of days of treatment to the victim C, such as an unexplosion of blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared D and E;

1. A medical certificate;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation (1, 2);

1. A criminal investigation report (in cases of serious injury) and a letter of intent;

1. Application of internal investigation reports (referring to the estimated speed of Poter cargo vehicles) and field photographs (referring to 36 pages of investigation records) Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders (the scope of recommended punishment) / In the case of serious injury (including serious efforts to recover damage) in the basic area ( April-10) (the person who has been specially mitigated) / In the event of serious injury (including the case of special mitigation) / (1) (the sentence shall be sentenced).