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(영문) 대구지방법원 2016.05.19 2016고단1177
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two 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 freight vehicles C, as cargo vehicles.

On November 24, 2015, around 06:10, the Defendant driven the above cargo vehicle on the front of five lanes in the Hasansan-ro, Gwangju Mine District, which is located in the end of the five-lane, and proceeded at a speed of about 50km per hour from among the three-lane roads, which are located in the floodside of the water zone in the direction of the city.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving service has a duty of care to proceed with at a safe speed and method according to signals by reducing speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and did not avoid the e-mail vehicle in front of the right part of the damaged vehicle, which was driven by the victim D(44 e-mail) who was in a straight line from the south home fluor bank of the above e-mail intersection to the e-mail e-mail e-mail surface, and received the front part of the damaged vehicle with the front part of the cargo vehicle driven by the Defendant.

As a result, Defendant 2 suffered injury to the victim due to the above occupational negligence, such as the closure of the vertebrate, which requires approximately 20 weeks of treatment, and caused the victim to suffer physical injury, such as food disorder and the lower half half the body injury, or caused the incurable or incurable disease.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of traffic accident reports, on-site photographs, and diagnostic certificates to statutes;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] In a case where there are serious injuries in the basic area (such as April to October), which is the first type of traffic accident (the injury caused by traffic accidents) (including special mitigation (aggravating) [including serious efforts to recover damage] / heavy injury (a type 1).

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