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(영문) 대구지방법원 2015.11.19 2015고단4740
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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

The Defendant is a person who is engaged in driving of a vehicle B below the Defendant’s own.

On September 8, 2015, the Defendant driven the above vehicle at around 00:50, and proceeded in the direction of the same-sex distance from the direction of the same-sex school along the three-lanes in front of the Djuk point in Daegu Suwon-gu C.

Since there is a center line in which yellow solid lines are set up, a person engaged in driving motor vehicles has a duty of care to safely drive motor vehicles without breaking the center line by accurately manipulating the front line and the left and right, and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and neglected the body of the victim E (the age of 62) who dried a road in the opposite direction by neglecting it, and received the part of the front part of the above vehicle.

As a result, the Defendant suffered from the injury, such as the mouth of the pelpelel, which requires a 10-day medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to the report on the occurrence of traffic accidents and the actual survey report;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts; Article 268 of the Criminal Act; Selection of imprisonment without labor;

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

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] General traffic accident [Article 1(1) of the Act on the Punishment, etc. of Traffic Accidents [Article 62-2(1) of the Act] [Article 62-2(1) of the Act on the Punishment, etc. of Traffic Accidents] [Article 1(1) of the Act on the Punishment, etc. of Traffic Accidents (Article 1-6 of the Act on the Punishment, etc.] [Article 1(1) of the mitigation area (Article 1-6 of the Act on the Punishment, etc. of Traffic Accidents] [Article 1(1) of the Act on the Punishment, etc. of Traffic Accidents

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