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(영문) 대구지방법원 상주지원 2018.02.20 2017고단437
교통사고처리특례법위반(치상)
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

The defendant is a person who is engaged in driving a CM5 car.

At around 16:30 on August 4, 2017, the Defendant, while staying at the entrance of a village located in a mountain village at the time of residence, was going to the left to the left to the south-ri village, while going to the left to the left of the south-ri village.

At this point, where the center line of yellow solid lines is installed, a road bended by one lane, and a private-distance intersection is installed on the front left and right side, so the driver of the motor vehicle has a duty of care to prevent accidents in advance by keeping the traffic situation well, operating well and operating the steering gear and brakes properly, and operating the left and right turn to the left.

Nevertheless, the Defendant neglected this and neglected to do so.

I think, I found the victim's ES Q250 Oba of the victim's D(46 tax) driving, which was driven in the opposite opposite opposite opposite lane by the negligence that the center line was pushed down from the moving to the intersection and proceeded to the left, and found it late, but the operation was not faced, but the victim's driver's driver's driver's vehicle did not avoid it, and the victim's driver's driver's driver's driver's driver's driver's driver's driver's driver'

Defendant 1 suffered injury to the victim by negligence in the above business, such as a 10-day therapy of the body frame in hand, which requires approximately 10 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Investigation report (No. 9 No. 5 of the evidence list);

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

1. Each comparison with the enemy;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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

1. Article 62(1) of the Criminal Act on the suspension of execution (the following extenuating circumstances are considered for the reasons for sentencing).

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