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(영문) 대구지방법원 포항지원 2016.05.12 2016고단157
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2015, the Defendant driven a diversh motor vehicle B around 09:40, while driving the diversh motor vehicle at 09:40, the Defendant continued to drive the tri-distance intersection in front of the terropic elementary school located in the south-gu Gyeongdong at the port at the port at the speed of ethylene, at the speed of about 35 km.

Since there is an intersection where a signal is installed, there was a duty of care for a person engaged in driving a motor vehicle to operate the motor vehicle safely in accordance with the new code.

However, the Defendant neglected this and received the part of the right-hand side of the Defendant’s vehicle, which was driven by the victim C (I, 46 years old) who was left to the left on the left-hand side of the Defendant’s vehicle, in accordance with the new subparagraph.

Ultimately, the Defendant suffered, by negligence, around two weeks from the above occupational negligence, salt tensions, tensions, etc. to the victim E (18 taxes) who was on board the back seat of the victim’s vehicle in need of approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C (victim);

1. A survey report on actual conditions;

1. Each written diagnosis;

1. The application of Acts and subordinate statutes to record recording and investigation reports (on-site signal systems are also attached);

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

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act concerning the selection of a punishment (the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with heavy penalty, but the punishment of imprisonment without prison labor shall be imposed;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] of the grounds for sentencing under Article 62(1) of the Criminal Act [the scope of punishment] is the mitigated area (one month to six months of imprisonment without prison labor) (the special mitigated person] (the person who is a special mitigated person]. In the event of minor injury, the sentence is disadvantageous: (1) the person suffered several injuries due to negligence in violation of signal, and the degree of injury is relatively relatively favorable to the victims.

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