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(영문) 대구지방법원 서부지원 2016.02.16 2015고단1620
교통사고처리특례법위반
Text

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

The application for compensation order of this case shall be dismissed.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of C dump truck construction machinery.

On March 13, 2015, the Defendant driven a dump truck around 16:20, and stopped to construct sewage pipes on the front of the E-cafeteria located in Daegu-gu, Seo-gu, for the construction of sewage pipes, but started to make a right-hand back to the direction of the point of scattering a corporate bank located in Seogu, Daegu-gu, Daegu-ro 376-1.

At that time, other vehicles were travelling in and around the dump trucks, and the victim B (62 sump trucks) was carrying out traffic control so that other vehicles can proceed smoothly, so the driver of the motor vehicle is obliged to accurately operate the steering gear and brakes of the motor vehicle, and the driver of the motor vehicle has a duty of care not to drive the motor vehicle at a speed or in a manner that may cause danger and harm to others according to road traffic conditions and the structure and performance of the motor vehicle.

Nevertheless, the Defendant neglected to do so due to occupational negligence, and neglected to take the surrounding areas, and dump truck's dump truck's front front part of the above dump truck's front part, which served as the front part of the above victim's left side.

Ultimately, the Defendant suffered injury while cutting down the left side trees due to the above occupational negligence on the left side of the 2, 3rd pelle of the 12 week cover, which requires the victim to receive approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. A traffic accident report;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. In addition to the fact that a victim suffers an injury while cutting out his trees due to an accident caused by negligence while driving the defendant's reason for sentencing Article 32 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an application for compensation order, and the defendant deposited three million won for the victim.

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