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(영문) 대구지방법원 2015.05.28 2014고단4646
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving CsoftX 125 cc.

Around 08:20 on June 18, 2014, the Defendant driven the above oba, and turned down the front road in Daegu hydro-gu D from the east of the Dong Sports Center to the intersection of the two obag-distance distance at a speed of about 65 km starting from the ebag.m. to the intersection of the two obag.m.

Since there is a place where a sidewalk for pedestrian traffic has been installed, a person engaged in driving service has a duty of care to avoid entering the sidewalk by driving the sidewalk, such as accelerating speed.

Nevertheless, due to negligence of not doing so, it received the right side of F (the age of 48) on the right side side of F (the age of 48) which was walking on the right side of the sidewalk, which was installed on the right side of the sidewalk as it is.

The Defendant suffered injury to the victim, such as cutting the upper body of the Bridge in the right direction, for about 16 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate (F);

1. A video CD or an accident site photograph;

1. Application of Acts and subordinate statutes to traffic accident occurrence reports, actual fact-finding reports, investigation reports (the CD-dynamic image confirmation reports);

1. Article 3(1) and proviso of Article 3(2)9 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor [the scope of recommending punishment] No basic area (4 to 10 months) [the decision of sentencing] [the decision of sentencing] of the type 1 of general traffic accident [the defendant is shocked by the report while driving altobba, and the victim was faced with the report, and the accident in this case occurred for not less than 6 months, and the victim suffered from difficulties in daily life up to the present day, and the victim wanted to be punished by the defendant, and the reason why the victim cannot receive sufficient compensation because altoba is covered only by liability insurance.

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