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(영문) 대구지방법원 2017.08.01 2017고단2097
교통사고처리특례법위반(치상)등
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duty to drive a Grand Co., Ltd.

On October 22, 2016, the Defendant driven the above vans around 10:00, and led to two lanes along the two-lanes at the 137 km road on the side of the expressway in Daegu-gu Nowon-gu, Seoul-do.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and prevent accidents in advance.

Nevertheless, the Defendant was negligent in driving a motor vehicle at the front of the motor vehicle due to the negligence of driving a motor vehicle at the front of the front of the front of the front of the front of the front of the front of the road, and the Defendant was able to drive the motor vehicle at the left by sudden operation of hand on the left-hand side and change the course into the first way to the left-hand side, thereby driving the motor vehicle at the victim D (36 ) who is driving on the left-hand side of the said passenger vehicle.

Ultimately, the Defendant damaged the victim D and the victim F (the 35 years old), who was taking advantage of the above occupational negligence, to the victim F (the 35 years old), for about two weeks of medical treatment, such as fluoral salt and tensions, and to the victim G (the 3 years old) with approximately KRW 1 week of medical treatment, and at the same time, damaged the said car by the 32,779,010 won of its repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a survey report on actual condition, vehicle photograph, diagnostic certificate, and written estimate;

1. Article 3 (1) 268 of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents (Article 3 (1) 268 of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents), Article 268 of the Criminal Act (Article 268 of the Criminal Act) and Article 151 of the Road Traffic Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s age, sex, family relation, family environment, motive and means of a crime; and (b) the circumstances after the crime.

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