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(영문) 대구지방법원 2018.08.22 2018고단2007
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment 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 a 25t truck for 25t.

On April 12, 2018, the Defendant driven the above truck at around 13:00, and led to the intersection of the 325-type multi-road in front of the apartment at the Gyeongsan-si, Simsan-si, to proceed along one-lane of the apartment room, which is a tugboat from the lower bank.

Since there is a cross-section where signal lights are installed, a person engaged in driving service has a duty of care to drive safely according to the signals.

Nevertheless, the Defendant neglected this and caused the victim to go up to the floor by taking the front part of the victim C(20) driven by the victim C(20) under the new subparagraph on the opposite side due to the negligence of left-hand turn in violation of the signal. The Defendant received the front part of the above truck as the front part of the right side of the truck.

As a result, the Defendant suffered brain-dead, salvine, salvine, etc. to the victim for about five weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate;

1. Reporting on the occurrence of a traffic accident and the application of Acts and subordinate statutes on the report of a traffic accident;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions indicated in the records, such as the defendant's age, sex, environment, motive and circumstances after the crime, etc., shall be determined as ordered, taking into consideration the following: the reason for sentencing under Article 62-2 of the Criminal Act, that the defendant was punished for the same crime; the defendant reflects the defendant; the defendant is insured to a cargo mutual aid; the defendant is insured to a cargo; and the defendant's age

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