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(영문) 청주지방법원 2014.07.25 2013고단1853
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person engaged in dump truck driving.

On October 15, 2013, the Defendant driven the above truck on October 15, 2013, and proceeded about about 60 kilometers in speed, according to the speed of 1,000, the front way of the entrance of the Ireland, which is located in the territory of the Chungcheongnam-gu, Chungcheongnam-gun, Chungcheongnam-do.

At this point, the road is one-lane, and the victim D(73 years old) driving is proceeding at the bend place, so in such a case, the driver of the vehicle has a duty of care to ensure the safety distance sufficiently, to ensure the right and the right of the front and right of the road, to accurately manipulate the steering and operation of the steering system, and to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and found that the above victim was going to go beyond the central line, and immediately operated it. However, the Defendant did not avoid it and did not go to the front part of the right side of the truck and got to go to the road.

The Defendant, by occupational negligence, caused the above victim to suffer from the injury to the right by cutting off the 3, 4 resin due to the said victim’s damage in the pressure of distributing it to the right, the annual installments, the loss of the distribution, the 2 balance of resin, and the injury, such as the 2nd deficit, thereby making the victim not be able to become a victim or suffering from an incurable disease.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

1. The reason for sentencing of Article 3(1) and the proviso of Article 4(1)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act [the scope of recommending punishment] is where a serious injury has occurred [the person under special relationship] in the area of aggravation (8 to one year and six months] (the decision of sentence] [the decision of sentence] where a serious injury has occurred to the victim, the victim wants to be punished by the defendant, and the defendant is the defendant.

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