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(영문) 대구지방법원 2014.10.23 2014고단3169
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 a BM3 car.

On May 8, 2014, at around 13:55, the Defendant: (a) driven the said car, and driven the same-sex road on the front side of the same-sex-dong 1, the Defendant was negligent in performing his duties to keep the victim C (the age of 63) who walked on the crosswalk to the left side of the said car due to the negligence in the course of his duties, when he neglected to perform his duties to keep the same-sex-dong road on the front side of the same-sex-dong road at the front of the said car.

The Defendant suffered from the victim’s occupational negligence, such as the left-hand flasium, which requires approximately 10 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

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

1. Investigation report (as to CCTV image analysis and attachment of the Daegu Livestock Industry Cooperatives);

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture [the scope of recommendation] The basic area (including April to October) of the first category of traffic accident (the person subject to special mitigation) [the person subject to special mitigation] / In the case where the illegality of the proviso of Article 3(2) of the School Specialized Law (including efforts to recover damage] [the decision of sentence] the defendant violated the duty to protect pedestrians in the signal and crosswalk, and the victim suffered serious injury, the liability for the crime in this case is nonexistent, but considering the fact that the defendant violated his own mistake, the fact that only the victim agreed with the victim, the fact that there was no criminal record heavier than the suspended sentence for the same crime, and the motive, means and result of the crime in this case, the situation after the crime is committed.

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