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(영문) 대구지방법원 서부지원 2020.04.23 2019고단2338
교통사고처리특례법위반(치상)
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 duty of Oralba.

On December 21, 2018, the Defendant tried to change the lane to one lane immediately in order to make a U-turn while driving the above Oral Ba on December 21, 2018, and driving the four-lane road in front of the Daegu-gu Seoul Metropolitan City C along the three-lane radius from the monthly Ne-distance Protection Area to the three-lane distance.

When changing the vehicle line, the driver had a duty of care to operate the direction direction, give notice of the change in the course, and make a change in the traffic situation of the front and rear left, while making a change in the vehicle line.

Nevertheless, while neglecting this, the Defendant was negligent in driving the road from a four-lane to a one-lane, and immediately changed the two-lane, the front part of the victim D(18 years old) who was driving along the two-lanes was driven by the Defendant, and received the front part of the victim D(18 years old) who was driving along the two-lanes.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the right visvise, flaverization, etc., which requires treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the victim suffered serious injury due to the instant accident, etc. is disadvantageous.

However, all the arguments of this case, including the defendant's age, character and conduct, environment, family relationship, means and result of the crime, etc., are shown in the confession of the crime of this case and the mistake is divided, the victim's damage is deemed to have been recovered, there is no record of punishment exceeding the fine.

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