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(영문) 대구지방법원 2015.02.10 2014고단5331
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 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 Category B of Launa car.

On September 21, 2014, the Defendant driven the above car on September 22:41, 201, while proceeding the Young-distance intersection in front of D in the Gyeongsan City City, from the sloping area to thewest of the Yong-Nam University, the Defendant complied with the signal and had a duty of care to prevent the accident in advance.

Nevertheless, the front part of the victim E (the 19-year-old driver) was the front part of the Defendant's vehicle, which was driven in violation of the signal in the direction of the North East-dong Office due to occupational negligence in the course of the vehicle red-fluence.

The Defendant caused the victim to suffer approximately fourteen (14) weeks of the above occupational negligence in the end of his body body body, which requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A medical certificate;

1. Application of Acts and subordinate statutes on traffic accident reports and traffic accident reporting;

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 the sentencing of Article 62-2 of the Criminal Act [the scope of recommendations] of the Act on community service and lecture attendance order in general traffic accident [the scope of recommendations] general traffic accident area [one to six months] [the person who has been specially mitigated] and the person who has been subject to punishment not (including efforts to recover from traffic accident] [the decision of sentence] of this case, but the victim was seriously injured by the accident in this case. However, the defendant was divided and reflected against the victim, the defendant was smoothly agreed with the victim, the vehicle was covered by the comprehensive motor vehicle insurance, the defendant was the primary offender, the defendant's age, character and behavior, environment, circumstances after the crime, etc. shall be determined as ordered by taking into account all the factors such as the order.

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