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(영문) 대구지방법원 2017.07.20 2017고단1214
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 a C-A-hurd motor vehicle.

On January 1, 2017, the Defendant driven the above car at around 08:52, and proceeded along two lanes in front of the oil station E, which is located in Gyeongsan City, with the two-lanes of the road in front of the oil station E, which is located in Gyeongsan City.

Since the restricted speed is 70 km per hour, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and brakes accurately.

Nevertheless, the Defendant neglected this and neglected to turn the restricted speed exceeding about 60 to 65 km per hour, and received a part of the right-hand side of the sports vehicle from the victim F.F.(46 years old) driving, which was left left to the left at the gate of the route cafeteria in the city of Mansan.

In conclusion, the defendant suffered from the above occupational negligence that caused the victim H (V, 43 years old) who was on board the above CK to suffer from approximately 6 weeks of treatment, such as a string of a string of a dog which requires approximately 8 weeks of treatment, and the victim I (V, 8 years old) to suffer from the victim J (V, 57 years old), who was on board the above AWK, with approximately 6 weeks of treatment for the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a survey report on actual condition, fourteen copies of an accident scene photograph, each medical certificate, and a traffic accident analysis report;

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. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s age, sex, family relation, family environment, motive and means of a crime; and (b) the circumstances after the crime.

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