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(영문) 대구지방법원 경주지원 2014.11.26 2014고단793
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for 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 wing and cargo vehicle B.

Around 20:00 on July 28, 2014, the Defendant driven the above cargo vehicle at a speed of about 93 km in the speed of 100km from the surface of the mechanical room in the inner IC room.

At the time, night and where the speed of 60 km is set at a speed of 60 km per hour, there was a duty of care to prevent accidents in advance, such as complying with the speed of restriction and accurately manipulating the steering gear and brakes according to the traffic conditions in the location of the vehicle driving service.

Nevertheless, the Defendant neglected this and received the victim’s bicycle back part of the bicycle in front of the left side of the said cargo vehicle due to the negligence that the victim E (the aged 60) who was driving in the same direction more than 20km as above without properly discovering the bicycle driven in the same direction.

Ultimately, the Defendant caused the victim to suffer injury due to the above occupational negligence, i.e., an injury to the victim, such as an injury of an external wound, which had no open address for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records of the accused;

1. Application of Acts and subordinate statutes to each traffic accident report, actual condition investigation report, photographs, written statement of persons involved in the traffic accident, investigation report (related to the form of the accident vehicle and speed limit on the scene of the accident), each photograph, investigation report (related to speed violations), investigation report (related to the submission of diagnosis and insurance certificate), diagnosis report, insurance certificate, investigation report (related to the submission of a written agreement), written agreement, investigation report (related to the victim's wifeF agreement), prosecution report, investigation report (related to the victim's wife agreement), skiing mark;

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

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