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(영문) 대전지방법원 2019.04.26 2019고단608
교통사고처리특례법위반(치상)
Text

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

Reasons

Criminal facts

The Defendant is a person who is engaged in the duty of driving a Grand Co., Ltd.

On October 8, 2018, the Defendant driven the above vehicle at around 12:40, while driving the vehicle, which led to the moving-way of the distance from D in front of the Seo-gu Daejeon to the F apartment three complex.

It is a road where there are many pedestrians and there is no distinction between roads and delivery. In this case, there was a duty of care to prevent accidents in advance by reducing speed and driving service workers' living well.

Nevertheless, the Defendant failed to discover the victim G (the age of 83) who was on a road in order to take away the street into the drainage way installed on the road while driving ahead of it by neglecting it and driving ahead well, and received the victim of the said two-lanes.

As a result, the Defendant suffered from forced damage to the right-hand side, which is accompanied by damage to the right-hand side, such as a cage cage at the right-hand joints of the Defendant due to the above occupational negligence, and thereby suffered injury, which is a flusing part of the right-hand part, by cutting off the upper part of the upper part of the blus.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Written statement of his/her intention to request a commission of serious injury;

1. Investigation report on the actual condition of traffic accidents, hearing reports on the statements by the victims (G), the register of driver's licenses for motor vehicles, and verification personnel for motor vehicle subscription;

1. Application of Acts and subordinate statutes to each medical certificate and a copy of medical records;

1. Where there is a substantial fault on the occurrence of a traffic accident or the expansion of damage to a victim (special mitigation) in the basic area (special mitigation) (Article 3(1) of the relevant criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 168 of the Criminal Act, grounds for sentencing of imprisonment without prison labor [Scope of Recommendation] types 1 of general traffic accidents, where the victim has committed a serious injury (type 1).

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