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(영문) 대구지방법원 2015.02.05 2014고단5814
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

The defendant is a person who drives a vehicle in CM520.

On October 17, 2014, the Defendant driven the above car on the 06:25th day of October, 2014, and proceeded one-lane in the front side of the TBC Broadcasting Station in the Daegu Suwon-dong, which is located in the two-lanes of the TBC Broadcasting Station.

At the same time, the road with signal lights was installed, so a person driving a motor vehicle as his/her duties has a duty of care to prevent accidents by driving the motor vehicle according to signals or instructions indicating traffic safety facilities.

Nevertheless, the defendant got the front right side of the bicycle driven by the victim D (Nam, 79 years old) who has passed a bicycle in accordance with the new subparagraph by negligence in violation of the signal, and received the front right side of the bicycle from the defendant.

As a result, the Defendant suffered injury, such as the 12th part of T12, which requires approximately eight weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report, etc. and a actual survey report;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

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. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and to attend a compliance driving lecture [the scope of recommending punishment] There is no basic area [4-10 months] of the first type of traffic accident [the decision of sentence] [4-10 months] [the defendant]] the defendant violated the signal and suffered serious injury to the victim. Considering that the accident of this case occurred in violation of the signal, the crime liability is unlimited, that the defendant is against his mistake, that the vehicle of this case is covered by the comprehensive insurance, that the defendant is the first and elderly, and that the defendant is the first offender and the elderly, and the motive, means and result of the crime of this case, and the circumstances after the crime.

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