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(영문) 대구지방법원 경주지원 2013.04.09 2013고단59
교통사고처리특례법위반
Text

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

except that 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 the duty of driving B car free car.

On September 12, 2012, the defendant, around 20:50 on September 20, 2012, had a four-lane road in front of the Winter Youth Hostel, which is located in Jink-dong, Jink-si, Jink-si, a speed of about 30 km each hour from the side of the 2ndopic Tyang Tan Tanri-distance, to the Eastyang Youth Hostel.

Since there is a place where the center line of yellow solid lines is installed, a driver has a duty of care to see the front line and to safely operate the wheel line.

Nevertheless, the Defendant neglected this and neglected to turn to the left at a point of about 20 meters prior to reaching the intersection, and received the front portion of the two-wheeled automobile of the Defendant, which was driven by the victim C(24 years old) driving at the opposite line, without the number plate of the victim C(24 years old), 1,200cc Ghana-12R.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting off the upper half of the upper half of the left-hand body in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. The actual condition survey report;

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 concerning Facts constituting an offense, and Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the occurrence of an accident and expansion of damage seem to have been negligent to some extent, the agreement with the victim is reached, reflects the fact that the victim

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