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(영문) 대구지방법원 포항지원 2021.03.26 2021고단82
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for two years 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 tong.

On November 22, 2020, the Defendant driven the above car at around 17:29, and came to turn to the left at the port at the port of port the 3rd door of Masco 650-4 located in the south-gu Dong-dong, Nam-gu, Dong-dong at the port of port.

Since a signal, etc. is installed on the street, the driver of the motor vehicle had a duty of care to prevent accidents from smoke and safely drive the motor vehicle by driving the motor vehicle according to the signals indicated by the signal, etc.

Nevertheless, the Defendant, by negligence in violation of the signal, received the front part of the Defendant’s vehicle in front of the front part of the Defendant’s vehicle, a part of the victim C(Y, 49 years old) driving 125cc driving, who was directly engaged in the right-hand turn from the 3rd section of the 2nd section of the 2nd section of the 2nd section of the 49th head-on.

Ultimately, the Defendant suffered injury to the victim, such as the Plaintiff’s retirement from the left-hand 14 weeks of medical treatment, and the elbling of the company executives, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. Diagnosis certificates, automobile insurance subscription certificates, investigation reports (Attachment to a written agreement), criminal agreements, certificates of seal imprint, and investigation reports (verification of the current status, etc. of victims);

1. The application of the Act and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

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

1. In light of the fact that the defendant with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act has caused the instant traffic accident in violation of the signal, and the victim has suffered bodily injury requiring the medical treatment of 14 weeks, the defendant's liability for the crime shall not be mitigated;

However, the defendant is both aware of the facts constituting the crime of this case and reflects on it.

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