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(영문) 대구지방법원 2015.11.05 2015고단3446
교통사고처리특례법위반
Text

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

However, 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 Class C cargo vehicle.

On June 4, 2015, the Defendant driven the above cargo vehicles around 12:15, and went back to 3310, as the Daegu Suwon-gu Franchiscamb, the front report of the Gyeongsan Livestock Farming Co., Ltd., which was located in 3310.

Since there is a place where a sidewalk for pedestrian traffic has been installed, there was a duty of care to refrain from being operated by a sidewalk to a person engaged in driving service.

Nevertheless, the defendant neglected this and did not discover the victim D (the 78 years old and the victim E (the 82 years old and the 82 years old) waiting for the signal at the front and rear crosswalks of the defendant's cargo vehicle, and did not discover the victim D (the 78 years old and the 82 years old).

As a result, the Defendant suffered from the above occupational negligence that the victim D suffered injury, such as “the frame of the floor of the aggregate of the fifth dives of the 5th century,” which requires approximately five weeks of medical treatment, and the victim E needed to receive approximately ten weeks of medical treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. A traffic accident report, a traffic accident report, etc.;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing Article 62-2 of the Criminal Act is that the degree of injury of victims due to the instant accident is serious.

However, the fact that the defendant is against the defendant, the victim E and the original agreement was reached, and 5 million won was paid to the victim D with the criminal agreement amount, the fact that the defendant subscribed to a comprehensive insurance, and the scope of recommendations in the sentencing guidelines.

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