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(영문) 대구지방법원 2014.09.04 2014고단3699
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years 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 CM car.

At around 15:40 on June 15, 2014, the Defendant driven the said car and proceeded two-lane roads in front of the longer distance from the pressure road at the voltage level at the time of the border.

At this point, there was a duty of care to safely drive a person engaged in driving service in accordance with the signals, because he/she was a remote crossing with a signal, etc. installed.

Nevertheless, the Defendant did not neglect this and did not avoid the ES3 car of D driving, which was left left to the left from the e-M3 car page of Sayayain apartment by negligence in violation of the signal, and received the front part of the car driving by the Defendant as the front part of the car driving.

The Defendant, by its occupational negligence, sustained from the victim F (V, 65 years old) who was on the said D Driving’s car, approximately 12 weeks of injuries such as salt fats requiring medical treatment, and from the victim G (V, 56 years old) who was on the Defendant’s car, the Defendant sustained from the victim G (V, 56 years old) the injury of catum fats, etc. requiring medical treatment for about 3 weeks of age, and from the victim H (V, 54 years old) the injury of brain fats requiring medical treatment for about 2 weeks of age.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

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 each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Criminal Act to order compliance driving lecture [the scope of recommendation] general traffic accident category I (the injury resulting from traffic accident) (one to six months) (special mitigation person] and punishment not (including serious efforts to recover damage).

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