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(영문) 대전지방법원 공주지원 2015.12.18 2015고단316
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 engaged in driving D dump trucks (loading weight 37.9t).

On April 25, 2015, the Defendant was driving the above cargo vehicle as the service of the Cheongyang-gun on April 25, 2015, and led to the progress of the national highways No. 39 prior to the Cheongyang-gun to the Cheongyang-gun in the direction of the Cheongyang-ri new wind direction.

At this point, there is a place where the center line of yellow solid lines is installed, so in such a case, a driver has a duty of care to protect his own car line and to safely drive the steering boat by accurately manipulating the steering boat and the steering gear.

Nevertheless, in order to avoid a warning on the right side of the road, the Defendant, by negligence committed a central line and proceeded along the opposite line, had a driver by Fgallon of the victim E(55 years old) driving, who is proceeding on the opposite line, try to avoid a collision with the said dump truck, and caused a driver to fall into an opposite part of the road by a drainage way outside of the road.

Ultimately, the Defendant caused the victim to suffer injury due to the above occupational negligence, such as damage to pressure, complete completion, completion, left-hand side, etc., which requires approximately 16 weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each legal statement of witness E, G and H;

1. A medical certificate (E, 16 weeks);

1. A report on the occurrence of a traffic accident, a report on a traffic accident, a summary map-inscept of the victim's vehicles displayed on the scene of the accident;

1. On-site photographs (13 copies), photographs (19 copies), and photographs (4 copies);

1. Application of Acts and subordinate statutes to a report on investigation (verification of CCTV at the settlement of accounts), a report on investigation (verification of Crime PreventionCCTV at the new wind, if any);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);

1. An order to attend a course under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

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