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(영문) 대구지방법원 포항지원 2018.02.08 2017고단1446
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a seeable Car B.

On July 20, 2017, the Defendant driven the above car at around 16:50, and, at the time of the port of port, operated the front road at 346, South-gu Posco, South-gu, in order to drive the front road at the 346 KT Posco from the offside of the upper distance to the offline of the square.

Since there is a sign "at the time signal to the left or when the pedestrian signal is sent," there was a duty of care to make a U-turn to the person engaged in driving service according to the signal or instruction.

Nevertheless, the Defendant, who was negligent by the negligence of the U.S. U.S. heading on a four-lane of the opposite direction in accordance with the new code, was driving D 125cc U.S. on the opposite direction of the victim C (57 cc) with the front part of the car and received the right side of the pentum.

As a result, the Defendant suffered injury to the victim, such as the right one-time care for approximately fourteen weeks, by negligence in the above-mentioned business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] Article 62(1) of the Act on the Suspension of Execution (the grounds for sentencing [the scope of recommended punishment] general traffic accidents (one month to eight months) [the person who is specially mitigated] [including efforts to recover damage] the defendant's wrong judgment], the defendant's wrong judgment is divided, the victim does not want the defendant's punishment, the defendant does not have any previous conviction, and the defendant does not have any other criminal conviction, and all other circumstances constituting the conditions for sentencing specified in the arguments of this case, such as the defendant's age, environment and sexual behavior, shall be determined as ordered by the order.

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