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(영문) 대구지방법원 포항지원 2014.06.12 2014고단134
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 drives CCA110 Oba.

At around 18:30 on December 24, 2013, the Defendant driven the above Oral Ba, and led the Defendant to go straight ahead of the two-lanes from the side of the deathal Do road market to the Eastdo road.

In such cases, a person engaged in the operation of an Otoba has a duty of care to check the traffic conditions and career of other vehicles and to proceed with the safety of another vehicle by properly examining the front left left.

Nevertheless, the Defendant neglected to do so and went into the same lane from the side of the dead-do market at that time, and found the bicycles driven by the victim D (Woo, age 61) who had been driving from the east of the death market at that time, but did not avoid it, and the Defendant did not avoid it, and suffered injury, such as a chest 12, in the front part of the victim's bicycle side, due to the collision of the victim's bicycle side, which requires approximately 8 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Suspension of execution under Article 62 (1) of the Criminal Act (the circumstances favorable to the defendant, such as the fact that the defendant recognized the error and reflects it, the criminal records of the same kind are not attached to the defendant, the victim's negligence provided the cause of the accident in a certain part, the liability insurance was subscribed, and the amount of one million won is separately deposited);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

1. Application of the sentencing criteria - Transport crime group, general traffic accident, type 1 (Bodily Injury of a traffic accident), mitigation area (where there is substantial negligence on the injured party in the occurrence of a traffic accident), January - June suspension: Where there is substantial negligence on the injured party in the occurrence of a traffic accident;

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