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(영문) 대구지방법원 포항지원 2018.11.28 2018고단1316
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

On May 30, 2018, the Defendant driven the above cargo vehicle at the speed of 14:15, while driving it at the speed of about 20 km from the right side of the common beach at the port of port, the Defendant proceeded one lane in front of the D upper point in the north-gu C at the port of port at the speed of about 20 km from the right side of the common beach.

At this point, the center line of the yellow real-line following the crosswalk is located, and thus, it is not permitted to make the internship. In such a case, the driver had a duty of care to live well in the front and right and the right and the right and the right of the driver, and to safely drive the motor vehicle along the tea and prevent the accident from occurring.

Nevertheless, the defendant neglected this and got the victim E (the 72 years old) who was at the edge of the opposite lane due to the negligence of her snicking the central line in order to proceed to the right side of the nives.e., the defendant got the above cargo lane over the ground.

Ultimately, the Defendant suffered injury, such as cageage cages, etc., which require approximately seven weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. On-site photographs, reports on traffic accidents, and on-site photographs;

1. Investigation Report - Application of Acts and subordinate statutes on one CD, one investigation report (CCTV video screen run).

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] There is no basic area (four months to one year) (the person subject to special sentencing) of the first type of traffic accident (the injury caused by traffic accidents) [the sentence] [the decision of sentence] of the defendant's breach of duty, the degree of injury caused by the victim is large, the degree of injury caused by the victim is not easy, and the defendant made a false statement about the initial accident in the investigation.

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