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(영문) 대구지방법원 2018.08.09 2018고단2550
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 Bchip car.

On June 1, 2018, the Defendant driven the above car at around 12:40, and led the large-area intersection in the 155-ro, Taegu, Taegu, Tae-gu, Tae-gu, to the parallel of the four-distance distance from the intersection of the ethical distance.

Since there is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and received the part of the left part of the motor device bicycle driving by the victim C (68 e.g., the victim C) of this motor vehicle driving by negligence in violation of the signal as the front part of the said vehicle.

As a result, the Defendant suffered from the victim’s multiple scopic gambling, which requires approximately eight weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (to attach original proof that a person has subscribed to insurance for a suspected vehicle);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommended punishment] (1) type 1 (in January to August), area to be mitigated (including special mitigated persons), area to be mitigated (including efforts to recover damage), - Decision on the sentence] unfavorable circumstances: The degree of injury to the victim is not somewhat weak; - The degree of injury to the victim is negative: the victim’s mistake: - the victim’s age, sex behavior, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc. - the defendant’s age, sexual behavior, family relationship, etc. - The defendant’s age, motive and consequence of the crime, and other circumstances shown in the argument of the case, such as the circumstances after the crime, shall be determined as the order.

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