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(영문) 대구지방법원 2014.02.20 2013고단5926

도로교통법위반등

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A defendant shall be punished by imprisonment for six 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

1. The Defendant violating the Road Traffic Act is a person engaged in driving a B dump truck.

On October 2, 2013, the Defendant driven the above truck on October 13, 2013, and led the front road in the Gyeongbuk-gun C, Gyeongbuk-do, to the draw from the additional side.

Since there is a length of a bend, there was a duty of care to safely drive a motor vehicle by reducing the speed in advance and accurately manipulating the steering and brakes.

Nevertheless, the defendant is driving without neglecting it.

The telecommunication poles, the owner of the Korea Electric Power Corporation, which was installed on the right side of the course due to the negligence of overworking the steering gear to the right side, were used as a truck, and the victim E was continuously used as the victim E.

Ultimately, the Defendant destroyed the building owned by the victim E by the above occupational negligence in a way that amounting to KRW 15,450,00, such as repair cost.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated B dump trucks that did not purchase mandatory insurance at the time and at the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. Mandatory insurance policies;

1. Written estimate (limited to the main house, building, etc.);

1. Accident photographs;

1. Application of Acts and subordinate statutes to report on investigation (report on suspect telephone calls and hearing reports);

1. Relevant Article 151 of the Road Traffic Act concerning the facts constituting an offense, Article 46-2 and Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating mandatory insurance vehicles and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

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

1. Although the reasons for sentencing in Article 62-2 of the Criminal Act are not such that the defendant's liability for the reasons for sentencing, the defendant's payment of damages is not minor.