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(영문) 대구지방법원 포항지원 2018.10.04 2018고단871
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of 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 C QM3 automobiles.

On May 13, 2018, the Defendant driven the above car at a speed of 20:35, and driven the road near south-gu D at the port of port at a speed that would not be known to the south-gu mechanical side of the machinery at the port of port.

At the time, there was a center line of yellow-ray, which is a road construction section going to the left side of the night and the slope, and thus, there was a duty of care to reduce the speed and thoroughly drive the motor vehicle at the front and to prevent the accident in advance by safely driving the motor vehicle while keeping the motor vehicle line.

Nevertheless, the Defendant neglected this and proceeded beyond the center line by negligence without thoroughly reducing speed at the front of the front bank, and was in front of the front part for QM3 passenger cars by the victim E(W, 53 years old) driving.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim G, a passenger of the said QM3 car (the 65-year-old age), such as pressure pressure pressure for approximately 12 weeks, and injury to the victim E, which requires approximately 16 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to field photographs of traffic accidents, and written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. Not only the negligence of the defendant who caused an accident but also caused the accident while driving a full-time driving of Article 62-2 of the Criminal Code for the reason of sentencing.

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