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(영문) 대구지방법원 2015.05.21 2015고단540
교통사고처리특례법위반
Text

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

However, 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 B-learning automobiles.

On December 22, 2014, the Defendant driven the above car on December 18, 2014, and moved the front of the net park distance in the 1st degree of the Daegu hydro-gu, Daegu, to the direction of ditches from the surface of the pak hotel.

In such a case, the driver is negligent in performing his/her duty of care to check whether he/she complies with the signal and to build the crosswalk, and due to the occupational negligence on the part of the driver's failure to perform his/her duty of care to prevent the accident, and the left side side of the victim C(the age of 42) who has dried the crosswalk in accordance with the pedestrian signals of the crosswalk, collisions with the front side of the driver's vehicle right side of the defendant's vehicle, resulting in the victim's cutting off the slopes that require approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to the report on the occurrence of traffic accidents and the actual survey report;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of recommendation] of the grounds for sentencing under Article 62-2(1) of the Social Service Order Act, where the illegality of the proviso of Article 3(2) of the Act on Special Cases concerning the Punishment, etc. of Specific Crimes (a person under special circumstances] is serious (a decision of sentence] of the Criminal Procedure Act, where the defendant was punished by a fine for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a person under special circumstances) in 2013, and again causes the accident of this case at the crosswalk, and the defendant's liability for the crime of this

However, even though the defendant's mistake is repented and reflected in late and has not been agreed with the victim, the victim shall be punished for the defendant.

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