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(영문) 대구지방법원 안동지원 2015.04.28 2015고단87
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, That the execution of the above punishment shall be suspended for 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 Poter cargo vehicles.

At around 10:55 on January 8, 2015, the Defendant driving the above cargo vehicle, and then, at the time of permanent residence C, he driving the front road along the two-lanes of the two-lanes from the jurisdiction of the German hospital to the jurisdiction of the E Hospital.

Since there is a crosswalk, there is a duty of care to confirm whether a person engaged in driving of a motor vehicle has a road to reduce speed and to see well the right and the right of the motor vehicle and the right and the right of the motor vehicle and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and failed to view the front section of the vehicle properly, and the Defendant got the victim F who dried the crosswalk from the right side of the vehicle driven by the Defendant to the left side of the vehicle in the direction of the driving.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting down the right satisfaction and cutting down, which requires treatment for about four to six months.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

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

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. The reason for sentencing under Article 62(1) of the Criminal Act (including favorable circumstances, etc. among the reasons for sentencing following the suspended sentence) (Scope of recommendation) is that there is no basic area (4 to 10 months) (4 to 10 months) of the type 1 of general traffic accident (the injury caused by traffic accident) (the decision of a sentence] [the degree of the injury inflicted on the victim] and the treatment has not been completed.

However, the Defendant did not have any specific criminal history and agreed with the victim.

In addition, when the defendant purchases a comprehensive motor vehicle insurance, the victim's damage is expected to be compensated, and the defendant reflects the mistake.

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