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(영문) 창원지방법원 마산지원 2016.06.21 2016고단219
교통사고처리특례법위반
Text

Defendant

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

However, with respect to Defendant A, the above sentence shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal history (Defendant A) The defendant is a person engaged in driving a cargo vehicle of 1 ton E.

On June 19, 2015, the Defendant driven the above cargo vehicle around 14:20 on June 19, 2015, and proceeded to turn to the left at the left in the direction of the valley village from the direction of the valley village.

At this point, traffic control is an intersection that is not supported, and it is a place where the driver's view of the road is not confirmed on the left-hand side by leaving the view of the driver, so there was a duty of care to check whether the driver of the motor vehicle temporarily stops before entering the intersection, and to check whether there is a vehicle driven on the right-hand side before entering the intersection, and to prevent the accident.

Nevertheless, the Defendant neglected to do so and did not temporarily stop before entering the intersection and left the left to the private line beyond the median line, and did so on the right side of the proceeding direction.

B Operation dump truck's dump truck's dump truck's dump sump truck's bump to the Defendant's driver's bump driver's vehicle.

Ultimately, the Defendant sustained injury to the victim G (82) who was accompanied by the above cargo due to the above occupational negligence due to the decline in the recognition function of symptoms or the disorder in smoke, etc. on the grounds of the number of days of treatment, etc., while making it impossible for the Defendant to perform daily life without any other person’s aid.

Summary of Evidence (Defendant A)

1. Statement by the defendant in court;

1. Statement of opinion;

1. A report on the occurrence of a traffic accident, a report on actual conditions, requests for cooperation with an investigation, a report on an investigation (for negligence of suspects), and a comprehensive analysis of a traffic accident;

1. Application of Acts and subordinate statutes governing field photographs (Defendant A);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (Defendant A)

1. Scope of recommended punishment on the sentencing criteria: The credit cooperative shall be from August to two years (the scope of recommended punishment) general traffic accidents; and

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