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(영문) 대구지방법원 2013.10.17 2013고단3298
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 a dump truck driver.

On April 30, 2013, the Defendant driven a dump truck on the dump truck on the 15:30th day of April, 2013, and proceeded at a speed of 55 km high from the right side to the right side of the west Jeju Jeju Island.

Since there is a one-lane road in which the center line of yellow-ray is installed on the right-hand road, a person engaged in driving of a motor vehicle has a duty of care to safely operate the motor vehicle by maintaining the lane without breaking the center line with care.

Nevertheless, the Defendant neglected this and neglected to operate the central line on the tight side along the tight line, and got the escarn part of the victim D(50 years old) driving on the right side of the truck drivened by the Defendant into the left side of the truck drivened by the Defendant, and caused the said cargo to fall into the dry field below 3 meters above the road.

Ultimately, the Defendant caused the victim to suffer approximately 12 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Although the punishment of the defendant for the reason of sentencing in Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is important, the victim does not want the punishment of the defendant, the victim has no criminal record of suspended execution or more for the same reason, and the vehicle is covered by a comprehensive insurance.

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