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(영문) 대구지방법원서부지원 2020.09.10 2020고단818
교통사고처리특례법위반(치상)
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 a truck B 4.5 tons.

On June 29, 2019, the Defendant driven the above truck on June 14:15, 2019, and proceeded at a speed of about 60km from the 162-lane of the Gyeonggi-do Gyeonggi-gu Gyeonggi-do Gyeonggi-si, to the front of the 3-distance of the Gyeonggi-do Gyeonggi-gu Gyeonggi-do Gyeonggi-do Educational Training and Training Institute at a speed of about 160km from the 2-lane of the 2-lane.

Since there is a three-distance intersection where signal lights are installed, a person who is engaged in the driving of a motor vehicle in such cases shall fluorize the steering gear of the motor vehicle and accurately operate the steering gear of the motor vehicle, and shall not drive the motor vehicle at such a speed or in such a manner as may inflict any danger and obstacle on other persons according to the traffic conditions of the road and the structure

Nevertheless, the Defendant was negligent in driving a stroke while neglecting the above duty of care, and failed to accurately operate the brakes, etc., and caused serious injury to the victim, such as Dabear or car driven by the victim C (hereinafter referred to as 42 years old) who was driven by the victim C (hereinafter referred to as the above truck) in front of the direction of the Defendant’s proceeding, resulting in an injury such as negorithal damage, viral damage, viral damage, face damage, etc. in the right side during the trauma period where treatment for about 12 weeks is required for the above victim to receive approximately 12 weeks of medical treatment, thereby causing serious injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Statement of the police statement of E;

1. A written statement;

1. A detailed statement on processing reported cases;

1. On-site photographs;

1. A copy of a driver's license;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Mandatory insurance policies;

1. A medical certificate;

1. Application of statutes to request cooperation in investigation (verification of content of treatment for serious injury);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor

1. Legal provisions;

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