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(영문) 대구지방법원 2018.06.29 2018고단1557
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi vehicle.

On February 6, 2018, the Defendant driving the said car at around 01:39, and driving the said car at a speed of about 117km per hour, depending on the two-lanes, the front road of the live high-speed road located in the lived household market in Daegu Northern-gu, Daegu, as the lived road from the new lived road to the lived road from the new lived road to the lived road.

At the time, the accident location is night and the speed is 80 km per hour. In such a case, there was a duty of care to prevent accidents in advance by complying with the speed limit and operating the steering and brakes accurately.

Nevertheless, the Defendant neglected this and caused injury to the victim E (50) who is a passenger boarding the back seat of the Defendant’s vehicle after taking back the back part of the DNA waste collection vehicle driven by C in the front section of the Defendant, which was driven by the Defendant at a speed exceeding about 37 km per hour, due to the negligence of the Defendant’s negligence, and caused the same victim F (50 years of age) with approximately 12 weeks of medical treatment, such as damage of chest large-dong beer, which is in need of approximately 12 weeks of medical treatment, and injury, such as dumpinging the upper part of the DNA waste collection vehicle driven by C in the front part of the Defendant’s vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant has been punished twice for the same crime, the victim's injury is serious, the defendant reflects the victim, the defendant's agreement with the victims, and there is no criminal record exceeding the fine.

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