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(영문) 대구지방법원 2014.03.27 2014고단314
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On November 14:20 on November 7, 2013, the Defendant driven the above cargo vehicle and proceeded along two lanes from the distribution complex to the new knife-dong with the front of the mountain latitude southwest-dong in Daegu-gu.

Since there is a signal apparatus installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected this and got the front wheels of the Dalina, which is driven by the victim C, driving from the direction of the Malina Salinari-distance to the Malinari-water port by negligence in contravention of the signal, and received the front wheels of Dalina-water from the front side of the cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as diversating dives and cutting of fingers, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident under E and C;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. In light of the reasoning for sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant’s liability is unlimited, the Defendant reflects the crime, the Defendant’s vehicle is subscribed to a comprehensive motor vehicle insurance, the Defendant’s vehicle has no criminal record of suspended execution or more, the Defendant’s age, character, character, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime.

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