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(영문) 대구지방법원 안동지원 2014.11.14 2014고단724
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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

On December 15, 2013, the Defendant, who is engaged in driving CL car, continued to drive the front road of the Ansan-dong Fire Station as the direction of the Godong-gu, Andong Fire Station as the direction of the law school on December 15, 2013.

In such cases, a person engaged in driving service confirms the safety of the course by checking well the front left, and even if he/she had a duty of care to drive safely while accurately operating the steering and brakes, the Defendant neglected to do so and thereby discovered that the victim D (74 years of age) who crosses the road to the right side from the left side of the course of the operation of the road due to negligence and caused the victim's bridge, etc. to go beyond the road by receiving the front side of the above Defendant's vehicle and leaving the victim's bridge, etc.

Ultimately, the Defendant caused the victim to suffer from an injury, such as fladying fladrosis, which requires at least 12 weeks of her occupational negligence, thereby causing danger to the victim's life and causing a stery or incurable disease, such as brain damage.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to A or D;

1. Application of Acts and subordinate statutes to written E;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act [the scope of recommending sentence] of the Act on the Suspension of Execution of the General Traffic Accidents / [the scope of recommending sentence] the basic area (including special mitigation for April to October), punishment not (including efforts to recover damage), / Where serious injury has occurred (the first type), the degree of damage to the victim / the defendant deposited 20 million won for the victim, and the fault of the victim caused the occurrence of the accident, etc.

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