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(영문) 대구지방법원 포항지원 2019.03.06 2018고단1662

교통사고처리특례법위반(치상)

Text

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

except that 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 person engaging in driving a Party B’s car.

On June 9, 2018, the Defendant driven the said car at a speed of about 50km per hour, depending on the two-lane roads in front of the D store located in south-gu C at the port of distribution from the E auction house to the direction of the transmission beach at the E auction house.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive a motor vehicle in accordance with the signals by reducing speed and by properly examining the front side and the left.

Nevertheless, the Defendant neglected this and received the part on the left left-hand side of the victim F-(74 years old) driving which was left-hand turn at a level consistent with the car driving direction of the Defendant’s car running in case of a sudden negligence in contravention of yellow signal, and received the part on the left-hand side of the driver’s car front car.

Ultimately, the Defendant suffered injury, such as damage to scam trees, which requires approximately 12 weeks of medical treatment, to the victim on the business as above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. An accident site photograph and a report on traffic accidents, the actual condition survey report;

1. A medical certificate;

1. Application of the Act and subordinate statutes to investigative reports-booms images to cover a screen, booms video CDs;

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

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