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(영문) 대구지방법원 안동지원 2014.04.18 2013고단593
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 one year 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 B-port cargo vehicles.

On September 14, 2013, the Defendant driven the above cargo vehicle around 19:10 and proceeded at a speed of about 63 km as soon as possible at a speed of 40 km, depending on the two-lane road in front of the three-lane residential dwelling in the permanent city.

In such cases, a person engaged in the driving of motor vehicles has a duty of care to check whether he/she is a person crossing the road by complying with the speed limit and by checking the right side of the road, and to prevent accidents from occurring.

Nevertheless, the Defendant neglected this and neglected the speed, and neglected by negligence, received the part of the right-hand bridge part of the victim C(72 years old), a pedestrian who illegally crosses a road on the right-hand side of the course direction, from the right-hand side of the road.

As a result, the Defendant suffered injury, such as duplicating cuplics of cuplics and closed cuplics, in detail, which require approximately seven weeks of medical treatment from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to two copies of a report on the occurrence of a traffic accident and a medical certificate (No. 15);

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration of the favorable reasons for the suspended execution);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] The reason for sentencing under Article 62-2 of the General Traffic Accidents Act [Determination of the recommended area] The basic area [the scope of recommendations] the degree of damage to the victim for April to October 4, and the degree of damage to the victim for October, and the victim did not reach an agreement with the victim, etc., the defendant's liability cannot be deemed to be less, but the defendant appears to have a attitude to recognize and reflect his mistake, and the vehicle will be a vehicle.

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