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(영문) 대구지방법원 2019.08.21 2019고단2939
교통사고처리특례법위반(치상)
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

On February 17:15, 2019, the Defendant was driving a Bchip car, leading to the Daegu Port Highway C Sticking Area in front of the Daegu Port Highway C Sticking area.

Since there is a limited speed of 100 km per hour, the defendant engaged in driving of the motor vehicle has a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and brakes accurately.

Nevertheless, the Defendant neglected this and found the DNA bus changing from the two-lane to the one-lane while driving at a speed of more than 60km per hour, and did not meet the centralized separation zone in front of the left side of the Defendant’s vehicle due to the negligence of immediately operating the steering gear on the left side in order to avoid the collision.

In the end, the Defendant suffered injury, such as a cage 45 cage cage cages, etc., which require approximately five weeks of medical treatment to the victim E (the age of 65) who was accompanied by the Defendant’s vehicle by the foregoing negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect concerning F by the prosecution;

1. Reports on the occurrence of traffic accidents, reports on the actual condition of traffic accidents, and reports on the results of traffic accident investigation and analysis;

1. Photographss by cutting a black stuff image;

1. Application of Acts and subordinate statutes to E;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The range of recommendations according to the sentencing guidelines [the determination of types] the general traffic accident [the category 1] the injury by traffic accident [the special person] - the mitigation element: the mitigation range (including serious efforts to recover the damage) [the recommended field and the scope of recommendations] mitigation range, the credit cooperative 1 to 8 months [the general person] mitigation range, and the mitigation element: the comprehensive motor vehicle insurance policy is subscribed to where a person is free of charge pursuant to any of the subparagraphs.

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