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(영문) 대구지방법원 2014.06.26 2014고단972

교통사고처리특례법위반

Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a motor vehicle B New Zealand X-D.

On January 28, 2014, the Defendant driven the said car on the 21:20th day of January 28, 2014, while driving the said car and driving the two-lane road in front of the Daegu Nowon-gu Seoul Nowon-gu Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Nowon-gu with a view to moving to the opposite line. The Defendant had a duty of care to make an internship at the permissible point of duty because the center line of the yellow yellow solid lines is located in the crosswalk, and thus, the Defendant did not have a place to move to the opposite line.

Nevertheless, the Defendant neglected this and got off the victim C (the age of 23) who dried a bicycle on the front part of the passenger car driving by the Defendant due to the negligence of the above place where a U-turn is prohibited.

Ultimately, the Defendant suffered injury, such as mination of flavers to the right, which requires treatment for about 10 weeks from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) 1 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Execution has no basic area (of April to October) of the first category of traffic accident (of note, there is no special person) [Pronouncement Decision] [ of Sentence] 6 months of imprisonment without prison labor, 2 years of suspended execution, the traffic accident in this case occurred due to the negligence of the defendant, and 2 years of suspended execution, but the victim's negligence appears to have contributed to a certain portion of the occurrence of this case, and the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime after committing the crime.