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(영문) 광주지방법원 2018.07.17 2018고단692
교통사고처리특례법위반(치상)
Text

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

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 a sealed truck B.

On November 21, 2017, the Defendant driven the above cargo vehicle on November 21, 2011:31, and led to the passage of the front of Yongama-gun C in the vicinity of the D Village from the tri-distance Protection Zone to the D Village.

At this point, since it is a bend road with a central line installed, there was a duty of care to prevent accidents by accurately manipulating the steering gear and safely operating the steering gear.

Nevertheless, the Defendant neglected this and went beyond the central line, and led to the negligence of the Defendant, which led in line with the direction of the Defendant’s proceeding, compared with the F-wing and the front door of the truck driver’s driver’s seat and loading of the truck driver’s truck.

Defendant 1 suffered injury to the victim, such as mination of minshes on the left side in need of approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Evidence and photographs of the traffic accident;

1. A medical certificate;

1. Application of Acts and subordinate statutes to traffic accident analysis;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. According to the protection observation and community service order, community service order, Article 62-2 of the Criminal Code, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend, the legal statement of the Accident Investigation Institute of the Road Accident Investigation and Inspection of the Road Traffic Investigation Agency, the actual survey report, and the traffic accident analysis report, the fact that the front left side of the damaged vehicle at the time of the accident has been plucked by plucking and plucking, leaving the front right side of the damaged vehicle into the upper right side of the center line of the damaged vehicle driving direction is short, and the damaged vehicle takes a stop location, and the latter wheels is the rear wheels at the right side of the stop.

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