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(영문) 대구지방법원 서부지원 2015.04.16 2014고단1905
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year 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 CTrack trucks.

On April 26, 2014, the Defendant driven the above cargo vehicle around 20:50, and led to the flow of the road of the first way in the vicinity of the Taecheon-ri, which is the price of the Sungcheon-gun, from the Sung-gun's room to the old-gun's room.

At night and at that time, the center line of the yellow-line line was installed, and the Defendant was carrying 5.7 meters wide and 13.0 meters wide in loading the above cargo, so in such a case, the driver of the motor vehicle had a duty of care to prevent accidents by driving the cargo safely so that the cargo loaded is not invaded by the center line.

Nevertheless, the Defendant neglected this and received the part of the left side of the EPoter II, which was driven by the injured party D (the aged 38) who had driven by negligence while driving the said loaded goods in the middle line, with the left side of the said loaded goods.

Ultimately, the Defendant suffered injury to the victim, such as the mouths at the bottom of the Bridge, which was accompanied by the right pelvis that requires treatment for about 14 weeks due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A report on the occurrence of a traffic accident, on-site photograph, on-site inspection photograph, and comprehensive analysis of a traffic accident;

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

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

1. The reason for the suspended sentence of Article 62(1) of the Criminal Act (hereinafter referred to as "the most favorable circumstances for sentencing") was the injury of the victim due to the traffic accident in this case, but the defendant recognized his own negligence and is in profoundly against the defendant, and the vehicle in this case is admitted to the Korea Trucking Financial Cooperative.

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