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(영문) 대구지방법원 2015.01.15 2014고단4629
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

On June 12, 2014, the Defendant was sentenced to imprisonment with prison labor for six months for the obstruction of performance of official duties by the Daegu District Court, and the said judgment became final and conclusive on the 20th of the same month.

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

At around 16:00 on May 30, 2014, the Defendant driven the above Oralba, and led the Defendant to go ahead of the four-lane road in Daegu Suwon-gu, Daegu-gu, along the four-lane road in the same way as the four-lane road.

When intending to pass through a road to a place where the center line of yellow solid lines is installed, the right side of the road shall be passed, and the steering direction and brake system of the vehicle shall be operated well, and the vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system of the vehicle.

Nevertheless, this part of the front part of the FOtoba driven by the victim E (the aged 37) who had been driving on the road normally from the sidewalk to the seat of the same Daegu ELP, the opposite part of the progress direction of the Matoba, the opposite part of the Matoba, which was negligent in driving the Maba, was the front part of the left side of the Matobaba.

The Defendant suffered approximately ten (10) weeks of her occupational negligence to the victimized driver in the upper part of the body of the flasium in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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

1. A medical certificate;

1. An accident site photograph;

1. Previous records of judgment: Criminal history records, inquiry reports, application of statutes governing judgment;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The defendant's reasons for sentencing of Article 62-2 of the Criminal Act regarding the order to provide community service and to attend a law-abiding lecture occurred, resulting in the instant accident.

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