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(영문) 대구지방법원 2014.05.15 2013고단6530
교통사고처리특례법위반등
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 who is engaged in driving a CYF rocketing car.

On May 2, 2013, the Defendant driven the above car at around 12:08, and led to the intersection without signal lights such as one-way, 68-1, Young-gu, Daegu, Young-gu, Young-gu, Seoul, to proceed from the north of the teachers' college to the west-do, west-distance.

Since the location is where traffic is frequent and traffic is not controlled, a person engaged in driving service has a duty of care to check whether there is a vehicle crossing due to temporary suspension or slowly and to prevent accidents in advance by driving.

Nevertheless, the defendant neglected to do so and found the E-to-land operated by the victim D, who entered the intersection from the left side of the course of the Roman course to the right side by the negligence of the defendant, and operated the E-to-land immediately, but failed to avoid the situation, and received the above O-to-land part as the part of the front part of the said car.

Ultimately, the Defendant caused the victim D’s injury, such as the mouths at the bottom of the mouths requiring approximately 16 weeks of medical treatment by occupational negligence, to the victim F, who was on board the above Obaba, and at the same time damaged the Obaba in order to ensure that the costs of repair can be borne by them.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A statement of intent of G;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 151 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [the decision of types] of general traffic accidents in Article 62 (1) of the Criminal Act shall be the first category (the decision of the recommended area].

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