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(영문) 대구지방법원 상주지원 2013.07.02 2013고단73
교통사고처리특례법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her right of defense, facts constituting a crime are recognized by rhyming

On November 2, 2012, the Defendant, at around 09:00, driven a DKan Corpon and moved to the Blue Elementary School located on the front of the Blue IC, in the form of a written correspondence at the time of permanent stay, caused the Defendant to the victim G (Y, 68) who was on the front side of the Clue Corpon, inasmuch as the signal apparatus at the time was an intersection indicated in the on-and-off condition of the yellow signal, and thus, the Defendant had a duty of care to safely drive the vehicle due to the passage of another vehicle, etc., due to the negligence of the Defendant’s occupational negligence, even though he neglected to perform his duty of care to safely drive the vehicle due to the traffic of the other vehicle, and continued to cross the road on the right side from the left side of the Dlue Corp, thereby causing the Defendant’s injury to the Defendant’s Ga (the age of 68) who was on the front side of the Dlue Corp.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding E;

1. Medical certificates and opinions;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of punishment and fine of five million won;

1. The conversion into 50,000 won per day under Articles 70, 69 (2) and 69 (2) of the Criminal Act for the detention in a workhouse;

1. Article 59(1) of the Criminal Act for the Suspension of Sentence (Article 59(1) of the Act on Special Cases Concerning the Punishment, etc. for Non-compliance with Intention under the main sentence of Article 3(2) of the Act on Special Cases Concerning the Punishment, etc. (see, e.g., Supreme Court Decision 2000,000 won for the victim’s family members, although the victim was unable to reach an agreement with the victim because his/her consciousness was unknown, and the spouse and children of the victim do not want the punishment of the defendant; Defendant

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