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(영문) 대구지방법원 안동지원 2016.05.03 2016고단20
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 driving a C1t cargo vehicle as a duty.

On December 16, 2015, the Defendant driven the above cargo vehicle at around 17:55, and led to the direction of interest in law from the direction of the straight-line bus stops located in the urban bus stops located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.

In such cases, all drivers of vehicles have a duty of care to drive safety, such as taking the front side and the right side traffic well into account.

Nevertheless, the defendant neglected to do so, and the victim D (75) who crosses the right from the left side of the proceeding direction to the right side due to negligence that led to the failure of the defendant to neglect this, conflict with the front right side of the above cargo.

Defendant 1 suffered injury, such as making the victim knee knee knee knee kneb, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A report on the occurrence of a traffic accident and a survey report on actual condition;

1. A medical certificate;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The main sentence of Article 62 (1) of the Criminal Act (the following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The territory of recommendation and the scope of punishment: In cases of injury inflicted during the Type 1, the aggravated area/ August to June of one year and six months;

2. Determination of sentence: Ten months in the imprisonment without prison labor, and two years in the suspension of execution, the Defendant neglected the duty of a driver on the front side required, and caused serious injury to pedestrians due to shocking of pedestrians. In light of the fact that the instant traffic accident cut off the right side part of the victim’s bridge and resulted in serious damage to the victim permanently, the degree of damage to the victim is very serious, etc., the nature of the relevant crime is inferior, and it is not agreed with the victim.

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