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(영문) 대구지방법원 2015.04.30 2015고단621
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year 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 motor vehicle by borrowing the motor vehicle.

On January 5, 2015, the Defendant driven the said car at around 22:40, and driven the road of seven-lanes in the two-lanes of the two-lane streets in Daegu Simpo-gu, Daegu, at about 35km from the yellow four-lane.

At the time, signals, etc. are installed at night and at all times, so in such cases, the defendant engaged in driving duty has a duty of care to reduce speed and to prevent accidents in advance by checking well the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and went to a stop signal, but did not stop and proceeded to the normal intersection from the Dogsan and the pan-driving side by negligence while the vehicle driving signal was changed to the stop signal, and received the front part of the Maz car driven by the victim D (the 36-year old) who was driving from the front part of the Maz car driven by the Defendant.

Ultimately, due to the above occupational negligence, the above victim suffered injury, such as cryp salt, etc., which requires approximately two weeks of medical treatment, and the victim F (the 18 years of age) who was driven by the above victim, with approximately four weeks of medical treatment, such as the cryp fyp and the bones of a single fyp, other than the fyp fyll, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by the police about D (Simplified traffic);

1. A written statement of the G production;

1. Family relation certificate, medical certificate, and past records;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

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

1. Grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.

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