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(영문) 대구지방법원 2014.12.18 2014고단4309
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 CK5 cars.

On May 9, 2014, around 19:45, the Defendant came to turn to the left the right at the right angle of four-lanes in front of the E Hospital located in Daegu Northern-gu, Daegu Northern District, from the direction of the common bridge, the Defendant turned to the left at the right angle in the direction of each Ycheon Elementary School.

At this point, there was an intersection where signal lights are installed, so there was a duty of care to prevent accidents in advance by accurately manipulating the steering area and the right and the right and the right and the right of the person engaged in driving service and accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant neglected to do so and neglected the fact that the progress signal on the front side is changed to yellow signal, and neglected to proceed in contravention of the signal, and received the part on the right side of G Otoba driven by the Victim F (23 years old) who was driven by the Defendant, who was driven by the Defendant, on the front part of the car in front of the car.

Accordingly, the Defendant suffered approximately 16 weeks of medical treatment from the victim by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F (Simplified traffic);

1. A medical certificate;

1. An appraisal report and the comprehensive traffic accident analysis report;

1. Application of Acts and subordinate statutes to the actual survey report and traffic accident occurrence 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 in Article 62-2 of the Criminal Code of the Order to Attend [Scope of Recommendation] General Traffic Accidents of Type I (1-6 months) [Special Mitigation] and the area of mitigation (including serious efforts to recover from damage] [Pronouncement Decision], the defendant repents and reflects wrongs, the victim and the driving vehicle have been covered by comprehensive motor vehicle insurance, and the defendant has a criminal record of a stay of execution or higher.

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