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(영문) 대구지방법원 포항지원 2014.11.13 2014고단800

교통사고처리특례법위반

Text

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

However, 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 who is engaged in driving of a DNA car.

On May 30, 2014, the Defendant driven the above car at around 08:50 and proceeded at a speed of about 20 km from the front side of the FJ in South-gu E at the port of port to the large distance from the front side of the road in the south-gu E at the port of port. In order to enter the F parking lot, the Defendant made a left-hand turn.

At this point, there is a center line of the yellow real-line, so a driver of the driving service has neglected his duty of care to make a left-hand turn at the permitted point of the left-hand turn, and instead has taken the front part of the driver G (n, 29 years old) driving of the victim G (n, 29 years old) who is driving at the opposite lane due to the negligence of the center line and went to the left-hand turn.

As a result, the Defendant suffered from the above occupational negligence that caused approximately 16 weeks back to the left-hand body body body felbing together with a felball that requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. Protocol concerning the examination of suspect of G;

1. The actual survey report on traffic accidents;

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; Selection of imprisonment without labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. The range of recommendations on the sentencing guidelines - the basic area of traffic crime group, general traffic accident, type 1 (no person in special form), the basic area (no person in special form), April of imprisonment without prison labor - October - Other positive factors: (General reasons for suspension of execution) other cases falling under the proviso of Article 3 (2) of the Specialized School Act: there is no record of criminal punishment (major reasons for suspension of execution) / (General reasons for suspension of execution) social relation evidently, serious reflects, subscription to a comprehensive motor vehicle insurance, and deposit of equivalent amount; and