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(영문) 대구지방법원 2018.08.24 2018고단1770
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who drives two cargo vehicles in Category C.

On September 14, 2017, the Defendant driving the above cargo vehicle around 06:20, and driving the two-lane of the two-lane road at the 26.8km away from the 26.8km in the direction of the undeveloped Gwangju Highway, Gwangju, at a speed of about 90km in the direction of the undeveloped port in Gwangju.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, and has a duty of care to prevent accidents in advance by safely driving the road traffic situation and the traffic prior to the vehicle.

Nevertheless, the Defendant neglected this and proceeded around the same lane while driving on a roadside.

D The part of the front part of the Defendant’s vehicle without discovering the truck truck truck truck truck truck vehicle was received as the rear part of the truck truck truck loaded.

Ultimately, the Defendant suffered from the above occupational negligence on the part of the victim E (hereinafter referred to as the Defendant’s 49) who was accompanied by the injury, such as the upper right-to-hand opening of the light fele, the fele cutting, the right-to-hand opening of the light fele, etc., the left-to-hand opening of the light fele, and the light feleing of the light fele-to-hand opening of the light fele.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Each written diagnosis;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident (1) (2) (2) and the application of Acts and subordinate statutes;

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

1. The reason for sentencing of an alternative imprisonment without prison labor for the choice of punishment in this case lies in the injury of the victim of the accident in this case, the fact that the victim was unable to receive a letter from the injured, the defendant's reflects, the vehicle is covered by a comprehensive insurance, the defendant has only one previous conviction of a fine, and the defendant's age, sexual behavior, environment, motive for and circumstances after the crime, etc.

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