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(영문) 대구지방법원 김천지원 2014.01.03 2013고단1407
교통사고처리특례법위반
Text

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

However, 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

On September 4, 2013, 07:00, the Defendant operated Bchip car by business, and turn to the left from the right-hand distance from the front side of the community credit cooperatives in the Gu-U.S. Si/Gu-Eup, the Defendant neglected the duty of front-time watch and neglected the left-hand turn-hand turn-hand turn-on, and received the rear part of the bicycle driving of C (71 years old) a bicycle driving on the victim C (71 years old) who was straight in violation of the signal from the right-hand turn-on on the right-hand turn-on from the right-hand distance to the right-hand turn-on.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence in the closure of the part of a broad bridge, bones, in which detailed treatment for about 10 weeks is required.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act for the suspension of execution [Determination of a sentence] traffic accidents in general traffic accidents: In cases where there is considerable fault for the occurrence of traffic accidents or the expansion of damage to the victim [the decision of the recommended area and the scope of recommendations] mitigation area], in cases where the victim is also negligent due to considerable fault for the occurrence of traffic accidents or the expansion of damage [the general sentencing] mitigation area, in cases where comprehensive automobile insurance policy - increased factors fall under the proviso of Article 3 (2) of other special school Acts: In cases where the victim falls under the case of the proviso of Article 3 (2) of other special school Acts, the principal pride factors [the suspension of execution] - Where the victim is negligent due to considerable fault for the occurrence of traffic accidents or the occurrence of damage to the victim: In cases falling under the proviso of Article 3 (2) of other special school Acts, the general pride reasons - the occurrence of a traffic accident or the occurrence of damage to the victim: the occurrence of a traffic accident: the occurrence of

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