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(영문) 대구지방법원 김천지원 2013.04.04 2013고단135
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

On October 18, 2012, at around 07:20, the Defendant driven the B Poter Cargo, and proceeded ahead of the Gu-U.S. road located in the Gu-U.S. Pyeong-si, from the front side of the front side, the Defendant neglected his duty of front-way watch and neglected his duty of front-way watch, thereby violating the signal, and received the body part of the victim C (n, 63 years old) (n, 63 years old) who opened the crosswalk on the right side of the Defendant’s driving direction in accordance with the pedestrian signals of signal apparatus at the right side of the signal apparatus.

Ultimately, the Defendant suffered injury to the victim, such as a brush in need of medical treatment for about 12 weeks due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report, actual condition investigation report, and photographs at the time of on-site inspection;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) 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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act of the community service and order to attend a lecture [decision of type] The injury by traffic accident in general traffic accident [special person] - The mitigated elements of punishment [the scope of recommendation]: In the mitigated area of punishment [the mitigated amount], one month to six months from the imprisonment without prison labor], 1-6 months from the imprisonment without prison labor] - In cases falling under the proviso of Article 3(2) of the Specialized School Act - (whether suspended sentence is suspended or not] - In cases falling under the proviso of Article 3(2) of the Special School Act - The affirmative reasons for writing - In cases falling under the case of the proviso of Article 3(2) of the Special School Act: A person who has no positive sentence: A person who has committed a crime of suspension of execution; a person who actively aids or escorts the victim (limited to a general traffic accident]; a person who has not been injured by the victim for six months from the suspension of execution [the decision of sentence]; a person who has agreed with the victim.

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