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(영문) 대구지방법원 2017.01.10 2016고단5129
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On July 19, 2016, the Defendant driven the above car at a speed of 68km per hour from the e-throde of the headquarters of the Daegu Bank, and proceeded at a speed of 68km per hour from the 412-lanes in front of the city bank, which is located in the 412-ro of Daegu Susung-gu.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the defendant's occupational negligence, disregarding that the vehicle driving signal is changed to the stop signal, was driven by the victim C (13) driver's front wheel part of the victim's bicycle crossing the right side from the left side of the running direction of the defendant, which was driven by the victim C (13) driver's front part of the driver's vehicle.

Ultimately, the Defendant suffered injury to the above victim due to the above occupational negligence, such as sexual cerebral cerebral cerebrovassis, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of traffic accident analysis, and a statement of intent (whether serious injury is inflicted);

1. Application of Acts and subordinate statutes to each investigation report (the degree of injury of a bicycle rider, confirmation of victim status, confirmation of victim degree of injury, and whether serious injury is applicable);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The ground for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) [the scope of the recommended sentence] in the area of special mitigation (one month to eight months] [the victim] where there is considerable fault in the occurrence of a traffic accident or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage) [the victim] [the victim who is aged due to the instant traffic accident].

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