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(영문) 대구지방법원 안동지원 2016.09.02 2016고단370
교통사고처리특례법위반
Text

1. The punishment of a defendant shall be determined by a credit cooperative for eight months;

2. Provided, That the above punishment shall be imposed 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 a wing-free vehicle B.

On April 15, 2016, the Defendant driven the above vehicle on April 15, 2017:05, and led to the flow of one-way road prior to the Seocheon-si 62 Permanent Residence 19, Seocheon-ro 19, Seocheon-do, the U.S. from Seocheon-do, to the territorial slope.

Since there is a safety sign for prohibiting entry, there was a duty of care to refrain from entering a person engaged in driving service.

Nevertheless, although the facts charged against the victim C, which was proceeding in the opposite direction due to the negligence of neglecting this, are "victim D", the defendant appears to be "C" clearly clerical error, and there is no impediment to guaranteeing the defendant's right to defense, so it is recognized as such.

(55 years old) The front wheels part of the vehicle was driven by the driver. (55 years old)

Ultimately, the Defendant suffered from the victim’s injury, such as pressure diversating vertebrate, which requires approximately 12 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes requesting cooperation in investigation, such as a report on the occurrence of a traffic accident, a 112 reported case processing table, a traffic accident report (1) actual condition survey report, field photographs, carvings, medical certificates, and requests for cooperation;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service orders;

1. Recommendations based on the sentencing criteria;

(a) Determination of type: Traffic, general traffic accident, and first type;

(b) Special penal persons: No penalty shall be imposed;

(c) Determination of the recommended area: Reduction area;

(d) Scope of recommendations: One month to eight months of credit cooperatives;

2. The crime of this case, which was determined to be sentenced, is likely to be subject to criticism in light of its circumstances, degree of damage, etc.

The defendant.

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