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(영문) 대구지방법원 김천지원 2018.01.16 2017고단1092
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of 5t freezing cargo vehicles.

On July 5, 2016, the Defendant driven the said freezing vehicle around 18:25, and proceeded with the two-lane road in front of the D Factory in Kimcheon-si, Kimcheon-si, along the yellow-dong-dong-off.

Since there is a crossing of a downway where signal lights are installed, there was a duty of care to ensure that a person engaged in driving service has a duty of care to properly operate the steering right and the steering system, and to safely drive the steering system.

Nevertheless, the Defendant was negligent in the course of performing his duties while neglecting this, and the part of the Fpoter vehicle left behind the left side of the Fpoter vehicle driven by the victim E (69 years old) who is standing in the signal atmosphere at the front of the vehicle operated by the Defendant.

As a result, the Defendant suffered serious injury on the walking disability, such as paralysis, etc., and on the part of recognition function, due to the exposure to the surgery of the traumaed prop which is not known to the victim due to the above occupational negligence, and the victim was unable to know the treatment period due to the aforementioned occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, caused a traffic accident by negligence of failure to accurately operate the brake system, resulting in injury to the victim.

The injury suffered by the victim is very serious due to the crime of this case.

The defendant has a record of criminal punishment for four times, including imprisonment without prison labor, once for the same crime.

However, the defendant reflects the crime of this case.

The instant vehicle involved in the accident is the same.

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