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(영문) 대구지방법원 2013.03.14 2013고단626
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 driving of a C Poter cargo vehicle.

On December 5, 2012, the Defendant driven the above cargo vehicle on December 19:15, 2012, and led to the left-hand turn from the new elementary school to the Gangnam Apartment-gu entrance.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a way to reduce the speed and to see well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded on the left side of the said cargo vehicle by his negligence, followed the course from the left side of the direction of the course to the left side of the said cargo vehicle by using the crosswalk to the left side, and led the victim to the left side of the victim D (the age of 69).

As a result, the Defendant suffered, due to the above occupational negligence, the injury to the victim, such as the complexity of abandonment, and the first pressure frame, without taking approximately 12 weeks of treatment to the left-hand side.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A traffic accident report;

1. The actual condition survey report;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [decision of a sentence] General traffic accident, injury by traffic accident (type 1) [Special Convict] [Determination of the recommended area] mitigated area [the scope of sentencing] mitigated area / [the scope of sentencing] mitigated area / [the range of sentencing] imprisonment without prison labor for not more than six months (general person], comprehensive motor vehicle insurance, serious reflectness, and other cases falling under the proviso of Article 3(2) of the Specialized School Act, it does not constitute repeated crimes.

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