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(영문) 대구지방법원 서부지원 2014.07.25 2014고단210
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The defendant is a person who is engaged in driving a Oral Ba B.100.

Around 20:55 on December 10, 2013, the Defendant driven the above Oral Ba, and led to two-lanes of the road in front of the 925 "Saundong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, to go through approximately 30-40km from the Myeongwon to the Myeongyeong-gu Private Teaching Institutes.

There are no signal signal lights at the front, so in such cases, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right and the right, and to drive safely.

Nevertheless, due to negligence of the Defendant’s failure to do so, the victim C (the aged 61) who dried the crosswalk, which was the right side, was turned over to the front part of the Defendant Oralba, on the face of “Ihe-H,” which is the left side of “Ih-H,” which is the right side.

As a result, the Defendant suffered from the above occupational negligence the injury of the victim, i.e., in light of the fact that there is no open room for 12 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The actual condition survey report;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning Handling of Traffic Accidents According to Relevant Acts concerning Criminal Facts, and Article 268 of the Criminal Act (Selection of Depository Punishment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession and reflectivity, the fact that the victim has agreed smoothly with the victim, and other consideration of age, character and conduct, etc.);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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