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(영문) 대구지방법원 2014.07.10 2014고단2023
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 a C highest car.

Around 15:40 on February 3, 2014, the Defendant driven the said car, leading to the road No. 438-1 in the middle-gu Central Office of Daegu, leading to the flow of the road from the Gyeong Young Park to the department store of East Asia.

At the time, there is a place where a report is installed, so a person engaged in driving service has a duty of care to not drive a report by breaking the report.

Nevertheless, the Defendant received the front part of the Defendant’s vehicle on the bridge of the victim D (Nam, 68 years old) who walked on the sidewalk due to the negligence of breaking the sidewalk due to the driver’s negligence.

Ultimately, the Defendant suffered injury to the victim, such as light flag on the left-hand flag and flaverization of the non-alley executives in need of treatment for about 16 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. A traffic accident report, a traffic accident report (1) actual condition investigation report, and a traffic accident report (2) actual condition investigation report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The area of mitigation of general traffic accidents (one to six months) [Special Mitigation] [including a serious effort to recover from damage] [Pronouncement Decision] 6 months by imprisonment without prison labor, two years by suspension of execution, the defendant committed the instant accident, and the victim suffered serious injury, considering the following factors: (a) the responsibility for the relevant crime is unbrupt; (b) the defendant is against the victim's mistake; (c) the defendant was smoothly agreed with the victim; (d) there was no criminal conviction above the suspended sentence; and (e) the motive, means and result of the instant crime; (e) the circumstances after the crime; and (e) the defendant's age, character and behavior; and (e) the family environment.

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