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(영문) 대구지방법원 2014.12.18 2014고단5121
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 21, 2014, at around 05:45, the Defendant driven a high-speed car at C, and got the victim to turn to the left at the front of the E Hospital located in Daegu North-gu, Daegu-gu, at the third right-hand room. Since there is a signal, etc. installed at that place, a person engaging in driving service would be obliged to safely proceed with the vehicle stop signal even though he/she had a duty of care to safely proceed with the vehicle stop signal, and caused the victim's injury, such as double water f (the age of 64) driving in the victim F. (the age of f4) driving in the course of the movement signal from the front part of the Defendant's car to the front part of the Defendant's car, and caused the victim to suffer injury, such as double water f., requiring a medical treatment for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. A written diagnosis and estimate;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General traffic accident [Article 62-2 of the Criminal Act] The sentence shall be determined as ordered by taking full account of the following factors: (a) the mitigated area of punishment (one to six months) [Special Mitigation] [Article 62] (including a serious effort to recover from damage], the defendant repents and reflects errors; (b) the victim and the victim agree with the defendant; (c) the vehicle was covered by the comprehensive motor vehicle insurance; (d) the defendant has no record of criminal punishment; and (e) the defendant has no record of criminal punishment; and (e) the defendant's age, character and behavior; and (e) the circumstances after the crime.

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