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(영문) 대구지방법원 김천지원 2013.07.18 2013고단534
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

On November 26, 2012, at around 18:20, the Defendant driven BT-100 Obaba, and proceeded with the first one of the two-lanes in front of the Maternal Center in the city of the Si/Gu, the Defendant neglected the duty of Jeonju City, while neglecting the duty of Jeonju City, and thereby neglecting the duty of Jeonju, and thereby neglecting the duty of Jeonju City, and received the victim C (the 80-yearssssssssss) who walk on the left side from the right side of the running in the direction of the Defendant’s proceeding to the left side from his occupational negligence.

Ultimately, the Defendant suffered injury to the victim due to such occupational negligence, such as an influence of detailed unknown details in need of treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, on-site photographs (round 6, 12 pages of investigation records), and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the sentencing grounds") of the Act on the Suspension of Execution [Determination of Punishment] Traffic Accidents caused by traffic accidents in general traffic accidents [Specially Instigious Persons] - Instigating elements of mitigation [the scope of recommending punishment] where there is considerable negligence on the occurrence of traffic accidents even for the victim [the victim] mitigation area, one month to six months (general instigious persons] - Instigating factors - Instigating factors: Instigating factors - instigating factors - instigating factors - instigating factors where there is significant negligence on the occurrence of traffic accidents [the suspension of execution] - Instigating reasons for major instigating factors - Instigating factors that are not serious instigating factors - Instigating reasons for major instigating factors - Where the victim is obviously negligent on the occurrence of traffic accidents: Social relative relation, serious reflectness, and no criminal record [the sentence of imprisonment without prison labor]

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