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(영문) 대구지방법원 2014.09.25 2014고단2760
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 service of B 125cc.

On April 4, 2014, the Defendant driven the above Obaina, and continued to drive the Abain in the vicinity of the Abain teahouse, Daegu-gu, at the speed of 30km from the Abain bridge to the airport market.

In such cases, a person engaged in driving service has a duty of care to properly operate steering devices, brakes, etc. and prevent traffic accidents by operating a roadway.

Nevertheless, the defendant did not find the victim C (64 years of age, n) coming from the side of the airport market to Ayang from the side of the airport market due to occupational negligence, which neglected the front-down of the city, while driving in India, not a roadway, and proceed as it is, and the defendant got off the right side of the victim with the front-side part of the victim.

The Defendant suffered injury to the victim by occupational negligence, which requires approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. A medical certificate;

1. Photographs;

1. The occurrence report, the traffic accident report (1), and the application of Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor, Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] General traffic accident [Article 62-2] The area of mitigation (1 to 6 months) [Special Mitigation] [including a serious effort to recover from damage] / The defendant's decision of sentence] is not easy for the defendant to commit this accident while driving Orabin in India, and the defendant caused this accident. However, the defendant's fault is divided and against his mistake, the defendant has no record of criminal punishment, and the victim does not want punishment.

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