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(영문) 대전지방법원 2016.07.20 2016고단603
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a truck truck truck truck vehicle of 3 modern 5 tons.

On October 20, 2015, the Defendant driven the above vehicle at around 11:20 on October 20, 2015, and led the Defendant to the waste disposal site from the modern modern bank to the waste disposal area in the mobilization and maintenance parking lot in the Sejong-si, Myeon-si, the Sin-si.

There is a duty of care to prevent accidents in advance, such as that people frequently travel, and in such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents, such as the former, rear, and left and right.

Nevertheless, the defendant neglected to do so and caused the defendant to reverse the left side of the victim D(55) (55) on which he was standing up after the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim during the course of cutting down the left-hand side due to the occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The actual survey report on traffic accidents, the report on the occurrence of traffic accidents, and the next investigation;

1. Application of Acts and subordinate statutes to medical certificates of disability after disability;

1. The scope of the recommendation, sentence, and sentence according to the sentencing guidelines for the relevant criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the sentencing guidelines for the reasons for sentencing of imprisonment without prison labor (Article 1 of the General Traffic Accidents Act (Article 1 of August to June), the aggravated area (Article 1 of the Motor Vehicle Accident Injury) and the following circumstances shall be determined as per the disposition

Unfavorable circumstances: The defendant's age, sex, environment, motive, means and consequence of the crime, circumstance after the crime, etc.

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