(영문) 대구지방법원 상주지원 2013.08.20 2013고단191

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 상주지원 2013.08.20 2013고단191

교통사고처리특례법위반

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 of the final judgment.

Reasons

Punishment of the crime

On February 14, 2013, when the Defendant driven a freight vehicle C 4.5 tons at C4.25 on February 14, 2013, and got to proceed from the direction of the city, the Defendant is an intersection where the signal, etc. was installed, and in such a case, the Defendant, who is engaged in driving, had a duty of care to safely operate the vehicle in accordance with the new subparagraph, but was negligent in failing to do so, thereby causing damage to the victim D (the age of 57) on the left right-hand left-hand side of the moving direction of the Defendant, which was driven by the victim D (the age of 57) due to the occupational negligence of the victim D (the age of 12) who was driving at the right-hand right-hand side of the said cargo vehicle, and took part in the front part of the said cargo vehicle, and suffered damage, such as spine ebrate, etc. which requires approximately 12 weeks medical treatment, and the number of days of injury to the said victim F.59 years on the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D;

1. A statement prepared by the F;

1. A signal apparatus management ledger;

1. Each medical certificate, medical opinion, and medical opinion;

1. Application of Acts and subordinate statutes to each accident site photograph;

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

1. Articles 40 and 50 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 on Suspension of Execution (Agreements with Victims, Comprehensive Insurance Subscription, Sponsor in depth, etc.);

1. Article 62-2 of the Criminal Act for community service and order to attend a lecture.

참조조문

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