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(영문) 대구지방법원 2018.10.19 2018고단3563
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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

The Defendant is a person engaged in C1st trucking driving.

On May 29, 2018, the Defendant, at around 05:35, operated 31 p.m., the 31 p.m. road of North Korean four streets, from the direction towards the person.

The driver of any motor vehicle running along an intersection where traffic is controlled by a signal apparatus shall have the duty of care to comply with the signals indicated by the traffic safety facilities.

Nevertheless, the Defendant: (a) while operating a signal in the direction of a red signal, was in the front part of the vehicle in front of the victim D(W, 60 years old) driving in the direction of the direction of the large university, which is directly operated in the direction of the direction of the map; and (b) the part adjacent to the right side of the vehicle.

As a result, the victim suffered from the injury of the thring, closed, and climatic climatic climatic climatic climatics in need of 8 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into consideration the following factors: (a) the degree of injury to the victim due to the instant crime; (b) the defendant reflects the defendant; (c) the vehicle is covered by a comprehensive insurance; (d) the defendant has no criminal record exceeding a fine; and (e) the defendant's age, sexual conduct, environment, motive and circumstances after the commission of the crime, etc.

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