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(영문) 대구지방법원 경주지원 2018.01.10 2017고단736
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence 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 a freight vehicle B and 3 active fish transportation vehicle.

On February 7, 2017, the Defendant driven the above cargo vehicle around 18:50, while driving the bus vehicle, which is located in the 2nd of the bus platform in Seopo-Eup, Seopo-Eup, Seopo-si, Seopo-si, the Defendant proceeded at the speed from Ulsan to the port of port at the speed of speed.

At night, in such a case, there was a duty of care to prevent accidents in advance by making a person engaged in driving a motor vehicle well look at the road conditions on the front side and right side and right side, and operating a steering gear and brake accurately and safely.

Nevertheless, the Defendant neglected this and proceeded to the port from the right side of the Defendant’s course due to negligence, and received the part of the victim C (W, 63 years old)’s body heading the above road to the port side of the Defendant’s car.

As a result, the Defendant suffered injury to the victim due to the treatment days due to the above occupational negligence, and caused the injury to the victim, and caused the th degree of 1 disability due to the uncertainty of consciousness and telegraph paralysis, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a report on actual condition, a field photo, a report on internal investigation (a photograph taken by a police officer who first dispatched the scene), an investigation report (in the presence of a police officer), a photograph by cutting out a black stuff, a photo, an investigation report (in the presence of a vehicle under investigation), a black stuff (Defendant driver's vehicle and bus), a site photograph, a place of hospitalization, a certificate of medical records, a copy of a medical certificate, a copy of a medical record, a written statement of intention (in the presence of an injury), a notice of urgent decision, such as disability, a written statement of intention (in the presence of a suspect who is counter to the E hospital doctor of the victim D);

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 sentencing of Article 62(1) of the Criminal Act is based on suspended execution.

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