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(영문) 대전지방법원 천안지원 2013.03.28 2012고단1750
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is the driver of B 24 tons of dump truck.

On September 2, 2012, the Defendant was driving a dump truck around 09:45 on September 2, 2012, and proceeded with the driving intersection in Ycheon-gu, Dongcheon-gu, Ycheon-gu, Ycheon-gu, Ycheon-si as Cumcheon-si.

Since the intersection is a place where traffic is not controlled, and the defendant is proceeding along the decline, the driver of the motor vehicle has the duty of care to check whether there is a vehicle driving through the intersection by driving or temporarily stopping before entering the intersection and then prevent the accident by entering the intersection.

Nevertheless, due to the negligence that the Defendant neglected this, entered the intersection as it is, the Defendant did not discover the victim C (the aged 35)'s trop XG car that was going to the above intersection in the face of Madung-ri, the left side of the Defendant, and did not find out the victim C (the aged 35)'s trop-XG car that was going to the above intersection, and conflict with the front part of the dump truck.

As a result, the Defendant suffered serious injury, such as laba, etc., from the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Photographs;

1. Application of Acts and subordinate statutes to medical certificates and medical statements;

1. Relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act [Determination of Punishment] Traffic Accidents caused by traffic accidents in general traffic accidents [Special Sentencing] - Where a serious injury occurs (Types 1] / Where a serious injury occurs (decision of the recommended area] [the scope of the recommended area] / In August 8 to 1 year [general person] - Reduction element: Relief measures after an accident, comprehensive motor vehicle insurance, subscription to serious injury [the scope of punishment] applicable provisions of applicable law: One to five years [1] of suspended sentence, and the main reason for death or serious injury occurs.]

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