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(영문) 대구지방법원 2015.01.15 2014고단5171
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant also is a person who is engaged in driving of cargo cars.

On August 3, 2014, the Defendant operated the above cargo vehicles around 14:50, and continued to proceed from the Do-Eup side of Cheongcheon-do along the 20-lane road, which is located in the Cheongdo-gun, Cheongdo-gun, Cheongdo-do.

Since the place was damped on the lower surface at the time and the center line of the yellow-line is installed, there was a duty of care to ensure that a person engaged in driving service is thoroughly engaged in the front line and to safely drive the car.

Nevertheless, the Defendant neglected this and broomed the central line as well as brooms, and frooms of the victim D (ma, 50 years old) driving in the opposite part of the E-observer in the E-observer in the opposite part were driven by the Defendant as the front part of the cargo vehicle.

Ultimately, the Defendant suffered from the above victim’s occupational negligence, such as the injury of climatic salt, climatic salt, etc. for about 2 weeks, and the injury of the victim F, who is the passenger of the victimized vehicle, such as the climatic clife and the clife for about 13 weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual survey (1, 2);

1. A report on investigation by telephone;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of alternative imprisonment without prison labor;

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

1. Reasons for sentencing of Article 62-2 of the Criminal Act to order compliance driving lecture [the scope of recommendation] general traffic accident category 1 (the injury caused by traffic accident) (one to six months) [including special mitigation] punishment and non-execution (including efforts to recover from damage] [the decision of sentence] Defendant violated the central line and caused the instant accident among victims.

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