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(영문) 대구지방법원 상주지원 2016.02.02 2015고단577

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 the operation of freezing B 2.

On September 9, 2015, the Defendant driven the above vehicle at around 20:00 and moved to the front road in C at the time of the stay of the vehicle at around 20:0.

At the time, there was a night, and there was a place where water supply and drainage works are installed in one lane, and thus, the person engaged in the driving of the motor vehicle had a duty of care to look well at the front and safely in response to the road situation and to prevent the accident from occurring.

Nevertheless, the defendant neglected this and neglected to do so.

I think of, and find late the bicycle of the victim E (the 72 years old) who was driven forward of the running direction by the light of the non-motor vehicle that was driven in front of the running direction when it is due to the negligence that proceeded without looking at the front well, and did not look at the front, and received the victim's bicycle back part of the victim's bicycle in front of the driving direction.

As a result, the Defendant suffered injury, such as a flaging the upper left-hand 3 flag, which requires 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 with regard to F;

1. A survey report on actual conditions;

1. A report on investigation (related to the application of serious injuries);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] is the basic area (4 months to 10 months) of the first type of traffic accident (the injury caused by traffic accidents) (special mitigation) [the person subject to special mitigation] / serious injury (the decision of sentence] there is no record of criminal punishment for the defendant for the last nine years, and the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance.