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(영문) 대구지방법원 김천지원 2014.12.24 2014고단1292
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 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 BM3 car.

On October 6, 2014, at around 08:50, the Defendant made a left turn to the left from the surface of a brupted spon road with a brupted spon of Gumi-si.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who renders a way to reduce speed and to check the front door and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the Defendant neglected to do so and proceeded to the port from the right side of the Defendant’s running direction by negligence, and received the part of the victim C (the 72-year old)’s lux part on the right side of the Defendant’s driving car.

Ultimately, the Defendant suffered injury to the victim, such as the mouth of the left-hand pelvis, which requires approximately 10 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of a traffic accident-related person;

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 a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor

1. The Defendant’s negligence on the grounds of sentencing Article 62(1) of the Criminal Act is heavy, and the degree of damage is not minor;

However, taking into account the agreement with the victim, the fact that the victim has subscribed to a comprehensive insurance, the fact that there has been no criminal records of the same kind or suspension of execution or more, and the scope of the recommended punishment according to the sentencing guidelines (the scope of the sentencing guidelines for the first type (the injury caused by a traffic accident), the mitigation area (one to six months), the special mitigation person: the person not subject to punishment), and other all other circumstances, including the defendant's age, character, conduct and environment

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