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(영문) 춘천지방법원 원주지원 2016.05.10 2015고단1134
교통사고처리특례법위반
Text

Defendant

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

However, the execution of the sentence against the defendant A for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in the operation of EF vehicles owned by D.

On August 24, 2015, the Defendant driven a waste collection vehicle around 21:45 on August 24, 2015, and led to the speed of 60km from the surface of the original bank to the surface of the back of the back of the back of the road located in the south of the original bank.

At the time of the Defendant’s commencement of the above collection vehicle’s operation on the same day, the above collection vehicle’s blivers did not meet the regulatory framework, and there was an error in the brake system, such as the blivers’ warning, etc. on the driver’s seat plate, etc., so, the Defendant was obliged to drive the vehicle after checking whether there was an abnormal operation of the brake system, such as checking whether there is any error in the blives on the blives on the blives before driving the vehicle.

Nevertheless, the defendant neglected this and failed to operate the above collection vehicle due to the negligence of driving the above collection vehicle as it is, so that the above collection vehicle goes beyond the boundary line on the left side of the road and the above collection vehicle is turned to the right side.

Ultimately, the Defendant suffered injury to the victim G(45) who was on board the head of the foregoing collection vehicle due to the occupational negligence as above, due to the low-carbon brain injury, etc. for which the number of days of treatment cannot be known.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of the witness H;

1. A traffic accident report, drug map at the scene of the accident, a fact-finding survey report, and a photograph at the scene of the accident;

1. Response to a request for appraisal;

1. Written estimate;

1. E chassis, mandatory insurance inquiry and copy of a motor vehicle registration certificate;

1. Application of Acts and subordinate statutes to each investigation report (to attach a G diagnosis report and verify the current state of victims G);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.

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