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(영문) 대구지방법원 2013.04.04 2013고단967
교통사고처리특례법위반
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 rocketing car.

On December 14, 2012, the Defendant driven the above car at around 08:55, and led the two-lanes of the two-lanes in order to go from the Japanese kindergarten room to the modern apartment room. The Defendant driven the above car at around 08:55, and led the two-lanes in order to go from the Japanese kindergarten room.

Since there is a ice section and a crosswalk, in this case, the driver engaged in driving service has a duty of care to check whether there is a person who gets a front door and the right and the right and the right of the road, and to safely drive the road.

Nevertheless, the Defendant was negligent in neglecting this and proceeding with the part of the front part of the car in front of the Defendant’s driving, and the victim C (8 years old) was placed on the right side of the direction of the Defendant’s driving to the left side of the crosswalk.

The Defendant suffered from the injury to the left-hand le executives in need of approximately 14 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended execution [decision of a sentence] General traffic accident, injury (type 1) by traffic accident [the person who has been specially punished] [the scope of sentence of recommendation] mitigation [the scope of sentence] mitigation area] [the scope of sentence of recommendation] reduction area] cases falling under the proviso of Article 3(2) of the Act on Special Accounts of the Republic of Korea (whether or not the suspension of execution of sentence is a major reason] - The reason for the suspension of execution is not punishable, there is no record of criminal punishment (self-esteem)], and other reasons for the suspension of execution.

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