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(영문) 대구지방법원 2017.03.30 2016고단5711
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaging in driving a car at the fourth time.

On June 21, 2016, the Defendant driven the above car at around 15:20, and proceeded with the D-W road located in Sinsan-si, Sinsan-si, from the boundary of the office on the south-do.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly operate the front line and safely operate the tea.

Nevertheless, the Defendant neglected to do so and proceeded with the center line due to the negligence of the Defendant’s failure, which led to the driving of the victim E (19 tax) driving k511, the top of the left-hand part of the truck of the k511 military unit, was the front-hand part of the Defendant’s driver’s car.

Ultimately, the Defendant, by such occupational negligence, suffered injury to the victim E in need of approximately 2 weeks of care, injury to the victim F (F (F) who is the passenger of the military truck at the time of the operation of the victim, for a approximately 2 weeks of medical treatment, and injury to the climatic base and for a about 2 weeks of medical treatment, and injury to the victim G (F (V, 61 years of age) who is the passenger of the above NVS car at the time of the operation of the Defendant, for about 14 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. E statements;

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

1. Article 3 (1) and the proviso to Article 3 (2) 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 Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act - Reasons for sentencing under Article 62(1) of the suspended sentence - Unfavorable circumstances: The fact that the defendant caused a traffic accident by the negligence of running the central line, and that the result of the injury suffered by the victim G is considerably significant - The vehicle of the defendant driver is covered by a comprehensive insurance, the vehicle of the defendant is agreed separately from the victim G, and the defendant reflects the defendant's late crimes; and

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