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(영문) 대구지방법원 포항지원 2016.02.05 2015고단127
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B Dodol FJ Dodododou-don Motor Vehicle.

On February 13, 2015, the Defendant driven the above car at around 01:20, and proceeded bypassing the three-lanes from the port of port to the long distance of filial length along the intersection of the Jamast-dong at the south-gu Gyeong-dong at the port of port.

Since a right-hand sign is installed on the surface, there is a duty of care to prevent accidents by properly examining the traffic conditions of the front, rear, and right-hand and right-hand side.

Nevertheless, the Defendant neglected to drive the part of the CA110 motor bicycle, which was driven by the victim C (18 e-mail) who was driven by the victim C (18 e-mail) who was driven by the Defendant at the three-lanes, without neglecting this, was moved to the right part of the passenger car of the Defendant, and as a result, the bicycle is turned to the road, thereby getting the bicycle to turn to the left from the right part of the E-Poter freight driven by D, which was stopped, in order to turn to the left from the right part of the Defendant’s running direction.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the opening frame, etc. of the left-hand necks that require approximately 10 weeks of treatment.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made to D or C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The driver's license ledger and the driver's license ledger;

1. Application of the medical certificate, each photographic statute;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders and Order to attend lectures [the scope of recommended punishment] general traffic accidents.

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