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(영문) 대구지방법원 포항지원 2015.04.23 2014고단1259
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 October 28, 2014, at around 18:05, the Defendant driven a B Leba car and proceeded directly with the other agricultural cooperative road crossing in the south-gu Gyeongdo-dong at the port at the port from the right side to the right third party distance.

Since there is a signal apparatus, a person engaged in driving service has a duty of care to safely drive the signal.

Nevertheless, the Defendant neglected this and neglected to enter the yellow signal and thereby violated the signal at the intersection, and thereby, was driven by the victim C(53 years of age) who was proceeding along the two-lane straight signal from the side of the off square to the two-lane straight line from the side of the off square, around that time, the front wheel part of the DOba, which was driven by the victim C(53 years of age), was driven by the front part of the right side of the Leba car.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting down the foundation for the left-hand body in need of approximately seven weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Application of the statutes governing the actual condition of traffic accidents;

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

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

1. The reason for the sentencing of Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture [the scope of recommendation] is heavier in light of the following: (a) the basic area (4 to 10 months) of the first type of traffic accident (the injury caused by traffic accidents) [the decision of sentence] [the victim suffered serious injury that requires about seven weeks medical treatment; (b) the victim was not agreed with the victim; and (c) the vehicle involved in the accident in this case was subscribed to the liability insurance only, and there is a possibility of not sufficient enough to repay the damage.

However, the fact that the defendant has no penalty power exceeding the fine, and that the defendant's economic ability is not sufficient to reach an agreement.

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