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(영문) 대구지방법원 상주지원 2014.06.24 2014고단49
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 engaging in driving a Bran XG car.

At around 08:40 on December 25, 2013, the Defendant driven the above car and proceeded with the intersection in front of the PVC comprehensive master company in the outer and opposite dong of the PVC at the time of stay.

In this case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle according to signals, such as signal, etc., by looking at the traffic and road conditions in the front line, and the driver of the motor vehicle had a duty of care to safely drive the motor vehicle according to signals.

Nevertheless, the defendant neglected this and proceeded to turn to the left from the right side of the defendant's driving C(63 years old) driving, which had left to the left from the left side by failing to neglect the stop signal, and received the front part of the freight vehicle from the defendant's right side to the right side of the vehicle.

After all, the Defendant suffered, by the above occupational negligence, the injury of the victim C, such as the duplicating duplicating of the luplicus of the lupture that requires approximately 6 weeks of medical treatment, and the injury of the victim E (the 60-year old age) who was accompanied by the said cargo vehicle, such as the injury, the removal of the luplicating body, etc. necessary for medical treatment

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. C’s statement;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., grounds for sentencing) of the suspended sentence (see, e.g., Supreme Court Decision 62(1)) of the Criminal Act / Transport crime / General traffic accident / Type 1 (Specially imprisoned Persons): Reduction factors: Non-compliance with Punishment [Recommendation Area and Recommendations] Reduction Area, Non-compliance with Punishment (see, e.g., Suspension of Execution] Reduction Area, and not more than six

2. Determination of sentence;

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