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(영문) 대구지방법원 2019.05.08 2019고단671
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

On January 2, 2019, at around 02:43, the Defendant driven a B-Lpurbed car, and led to ex officio correction of the “clock as stated in the written indictment,” as it appears to be a clerical error, and the Defendant’s correction of the “clock as it is” as it appears to go from the underground level of the Seongbuk-gu, Daegu.

At the time, since it was at night and there was a road installed a centralized separation cost, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly operate the motor vehicle on the front side and safely depending on the right side of the central separation zone.

Nevertheless, the defendant neglected this, driving a road on the left side of the central separation zone, breaking the central line, and breaking it to the front side of the motor vehicle of the victim C(55 years old) who was at the end of the normal course.

The Defendant, due to the above occupational negligence, suffered injury to the victim C, such as a shoulder dynasium, which requires approximately four weeks of medical treatment, and injury to the victim E (the 52 years of age) who was on board the said bed with the said bed with approximately twelve weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. A report on investigation by the prosecution (a suspect's method of performance and confirmation of the fact that it is possible to identify the suspect's conduct);

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

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

1. In light of the fact that the Defendant’s negligence, who driven the motorways at the night during the period of sentencing of Article 62-2 of the Criminal Act, is serious, that there was a history of traffic accident in the previous years, the degree of injury of victims, etc., a sentence of imprisonment without prison labor should be selected: Provided, That there is no history of punishment more than imprisonment without prison labor or more, or that there is no history of punishment more than imprisonment without prison labor or that at the beginning,

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