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(영문) 대구지방법원 2016.01.28 2015고단4928
교통사고처리특례법위반
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 of a cargo vehicle B 14 tons or more.

On August 26, 2015, the Defendant driven the above cargo vehicle around 05:50 on August 26, 2015, and led to the driving distance from D, which is in the Gyeongbuk-gun, Gyeongbuk-gun, to d, from the west of Kimcheon.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive the driver in accordance with the signals by reducing speed and checking the right and the right of the driver.

Nevertheless, the Defendant neglected to turn to the left at the right side of the Defendant’s moving direction due to the negligence in contravention of the signal, and received the front part of the F-bow Cargo in front of the Defendant’s driving on the left side of the F-bow Cargo, which was driven by the victim E (69 ).

As a result, the Defendant suffered, by such occupational negligence, injury to the above victim E, such as the closure of the bones of trees, which requires approximately eight weeks of medical treatment, and injury to the victim G (V, 67 years of age) who is the passenger of the Poter truck drivened by the above victim E, including a chest flacing of the chest flacing, for about six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

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 facts constituting an offense;

1. Article 40 of the Criminal Act of the Commercial Competition;

1. The instant accident occurred due to the Defendant’s violation of the Defendant’s reason for sentencing the selective imprisonment without prison labor, and even though the degree of injury to the victims was significant, there was no agreement with the victims.

However, the fact that the Financial Cooperative is admitted to the Financial Cooperative, the scope of recommended punishment [the scope of recommended punishment] on the sentencing guidelines, and the basic area (from April to October) of the injury caused by traffic accidents (no person subject to special sentencing], and the motive, means and result of the instant crime.

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