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(영문) 대구지방법원경주지원 2020.12.22 2020고단555
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 B NC750D (AF 745CC) dual-wheeled vehicles.

On February 20, 2020, the Defendant driven a o-wheeled vehicle on February 19, 2020, while driving the o-wheeled vehicle on the front side of the racing, the front side of the racing would turn to the front side of the road from the front side to the tent

At the time, it is a night and a place where pedestrians' unauthorized crossings are frequent as a one-lane road in a commercial traffic zone. Thus, a driver of a motor vehicle, etc. has a duty of care to safely drive the steering gear and brake system and prevent accidents in advance by safely driving the motor vehicle, etc. by reducing speed and accurately operating the steering gear and brake system.

Nevertheless, the Defendant neglected to turn to the left as it is and was negligent in proceeding with the Defendant’s failure to turn to the left, and received the right bridge of the Victim F who crosses the road from the direction of “E” to the direction of “E”, and received the right bridge as the front side of the two-wheeled vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as a one-time senior executive staff member in the right-hand side, which requires treatment for about ten weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to request cooperation in investigation;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Social Service Order Act Article 62(1) of the Criminal Act is that the defendant recognized the crime and misjudgments the defendant's mistake, the reason for sentencing under Article 62-2 of the same Act was covered by liability insurance, the defendant's breach of duty of care, the degree of violation of the defendant's duty of care, the victim's unauthorized crossing also appears to have contributed to the issuance of the accident in this case, the defendant's deposit of KRW 5 million for the victim, and other conditions of sentencing shown in the records and arguments of this case, such as the

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