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(영문) 대구지방법원 포항지원 2018.09.13 2018고단817
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 also a person who is engaged in driving a CA car.

On June 15, 2018, the Defendant driven the above car at around 19:00 and driven the above car at around 19:00 on the port of port and proceeded at the opposite lane while driving the three-lane road at the south-gu C located on the side of the literature distance, using the three-lane road at the intersection, using the one-lane speed from the gate distance. The Defendant had a duty of care to walk at the point of permission for the internship for the vehicle driving.

Nevertheless, the Defendant neglected to go beyond the road by taking the bicycle front portion of the victim E (14) driving, which was driven along the three-lane opposite by the negligence of the driver, driving a central line, into the front side of the Defendant’s car, and let the damaged person go beyond the road.

As a result, the Defendant suffered injury to the victim, such as the victim's right satisfy, which requires approximately six 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 for E;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes, such as an accident scene photograph, a screen to a screen of a black stuff image, and a diagnostic document;

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. Selection of imprisonment without prison labor (in cases of gross negligence of the defendant who has been negligent in making an illegal internship by breaking the central line, and neglecting the front line, considering the degree of injury of the victim caused by the accident in this case, etc.);

1. Article 62(1) of the Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006).

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