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(영문) 대전지방법원 서산지원 2019.09.05 2018고단781
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for three 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 of B 25 tons of dump trucks.

Around 10:00 on April 17, 2018, the Defendant driven a dump truck and proceeded at the speed of 78 km each hour according to the city-based 78 km of the park where the Defendant wishes to recognize the dump truck in the vicinity of Seosan City as the hump road is located at the hump.

At this point, there is no signal signal, and the restricted speed is 50km along the road for the temporary opening section, so there was a duty of care to prevent accidents by safely driving the vehicle by safely driving it, such as complying with the restricted speed and checking whether there is no vehicle driving through the intersection before passing the intersection.

Nevertheless, the Defendant neglected this and proceeded with an intersection more than 28 km, and caused a collision between the victim D (Nam, 63 years old)'s 15 tons dump truck's left side of the Defendant's dump truck and the Defendant's dump truck's dump truck's dump sump truck's injury, such as a dump dump dump sump, for about 10 weeks of treatment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The actual survey report on traffic accidents;

1. A report on the occurrence of a traffic accident;

1. Investigation report (the cause of the accident);

1. Blucs and video data CDs;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

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

1. The reason for sentencing provided for in Article 62(1) of the Criminal Act on the suspension of execution is that the defendant would cause a traffic accident while driving a dump truck at a speed exceeding 28 km per hour, resulting in the victim's injury requiring a ten-day medical treatment;

Provided, That the defendant's mistake, the victim does not want the punishment of the defendant, and the defendant drives.

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