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(영문) 대구지방법원 2013.03.07 2013고단450
교통사고처리특례법위반
Text

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

except that 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 engaged in driving a C-A-Wurt Motor Vehicle.

On November 28, 2012, the Defendant driven the above car on November 18:16, 2012, and led to the first-lane road to the New World Empt located in the Daegu East-gu, Daegu-dong.

Since there is a place in which a crosswalk is installed, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to check the right and the right and the right of the road well and to drive safely.

Nevertheless, when the defendant neglected to do so and neglected to do so, and neglected to proceed as it is, the defendant got the right-hand bridge part of the victim D (in side, 8 years old) to the left-hand side from the right-hand side of the defendant's running in the right-hand side.

As a result, the Defendant suffered injury, such as cutting the aggregate of guard, etc., from the victim’s occupational negligence for about 10 weeks, to the right side in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A traffic accident report;

1. The actual survey report on traffic accidents;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [decision of a suspended sentence] General traffic accident, injury (type 1) by traffic accident (type 1] [Determination of the recommended area] mitigation area / [Scope of the sentenced sentence] mitigation area / [the scope of the sentenced sentence] mitigation area / [the general person] comprehensive motor vehicle insurance, criminal punishment without any force (reduction factors), the occurrence of serious injury which is not serious injury, or other cases falling under the proviso of Article 3(2) of the Special School Act (whether suspended sentence of a suspended sentence of a suspended sentence of a punishment] - The main reasons for the suspended sentence are not punishable.

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