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(영문) 대구지방법원 상주지원 2016.04.26 2016고단33
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 Poter Freight Vehicles.

On January 2, 2016, the Defendant driven the above vehicle at around 02:55, and led the front road of the E hospital D at the time of stay, to the principle from the west of the door-to-door in writing.

At the time, at night, the location of the accident is be bended by the coordinates, so in such a case, a person engaged in driving service has a duty of care to prevent the accident from occurring at a safe speed and method by accurately manipulating the steering gear and brakes, and by operating it at a safe speed and method.

Nevertheless, the Defendant neglected this and proceeded to the right side of the road without reducing speed, and received the right side concrete wall as the front part of the vehicle.

Ultimately, the Defendant suffered serious injury to the victim F (56) who was on board the head of the same vehicle due to the foregoing occupational negligence, such as ex post facto increase in the central number of trees, damage to the scale of trees, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate;

1. Application of the traffic accident occurrence report, actual survey report, and on-site photographs-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution (including the fact that victims do not want the punishment of a defendant by agreement with the victim);

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