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(영문) 대구지방법원 서부지원 2020.06.19 2019고단2906
교통사고처리특례법위반(치상)
Text

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

except that 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 freight B and B.

On May 31, 2019, the Defendant driven the above cargo vehicle around 04:50, and proceeded at a speed of about 89 km from the direction of the dead voltage distance to the speed of 6 lanes in front of the gas station in Daegu Seo-gu, Seogu, Daegu.

Since it is difficult for a road surface to be operated at a speed of 56 km by speed reduction of 20% because it is difficult for the road surface to be 70 km at that time, there was a duty of care to safely operate the steering service provider by complying with the restricted speed and accurately operating the steering and steering gear.

Nevertheless, the Defendant neglected this and neglected the limitation speed to the right side of the above cargo vehicle, thereby crossing the road from the right side of the proceeding direction to the left side of the road. The Defendant received the victim E (the age of 22) who was crossing the road from the right side of the said cargo vehicle.

Ultimately, the Defendant suffered from a serious injury, such as the removal of the body organs of the arms and bones, which require approximately 14 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The F’s statement;

1. A traffic accident report;

1. A report on investigation, a report on investigation (as to a witness of a traffic accident, a report on investigation (as to a video of Ma1 Vehicle Track and CCTV around the accident site), a report on investigation (as to the closure of a Ma1 Vehicle Track video) and a report on investigation (as to the results of the analysis of a

1. A traffic accident analysis report;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photograph the scene of the accident and photographor image images;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of imprisonment without

1. The fact that the victim was seriously injured due to the instant accident for the reason of sentencing under Article 62(1) of the Criminal Act is disadvantageous to the defendant, or the defendant.

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