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(영문) 대구지방법원 2014.11.13 2014고단4483
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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

The defendant is also a person who is engaged in driving a cargo vehicle B.

On August 3, 2014, the Defendant driven the above cargo vehicle at around 10:40, while proceeding one-lane road from Dog-dong, Daegu-dong, Daegu-dong, 124-2, to 10km from the east of the Eastern to the east-si.

At the time, it was difficult to broom off the roads, and the above roads were honding roads in the form of a honder, so a person engaged in driving service has a duty of care to drive a broom so that the central line may not be invaded by reducing speed and properly manipulating the steering and brakes.

Nevertheless, the Defendant, by occupational negligence, who recklessly operated the brakes in the broom way without speeding and without recklessly operating the brakes in the middle of brooms, d 1 ton of the victim C(69 years old, South) driving with the central line broom, was also faced with the front part of the cargo vehicle.

As a result, the Defendant suffered from the above occupational negligence to the victim C, such as sulverization of sullle, which requires approximately 8 weeks of treatment, and injury to the victim E (the 67 years of age, women) who was the sule, such as dysule pule, which requires approximately 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C;

1. Each written diagnosis;

1. Photographs;

1. Application of the Acts and subordinate statutes of each traffic accident report (1), 2;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Although one victim was seriously injured by the instant accident on the grounds of sentencing under Article 62(1) of the Criminal Act, the following facts are revealed: (a) the Defendant’s agreement was reached smoothly with the victims; (b) the occurrence of the instant accident, as the vehicle was cut off, the Defendant did not have any criminal record of probation or heavier; and (c) the driver’s vehicle is driving.

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