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(영문) 대구지방법원 2018.01.19 2017고정1995
교통사고처리특례법위반(치상)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On October 1, 2017, the Defendant driven the above car at around 20:45, while proceeding the front road of the Dongcheon-dong community service center located in Taecheon-gu, Taecheon-gu, Daegu, to the Dong-dong middle school, and continued to proceed to the opposite direction.

At the same time, the crosswalk was installed in the center line of yellow-ray immediately before the intersection, so there was a duty of care to prevent the person engaged in driving service from accidents in advance by safely internshiping at the point of permission for the internship.

Nevertheless, the Defendant neglected this and her negligence when her walved with the central line and her walededed by the Defendant, the part on the left side of the Defendant’s driving, which was d 125cc driving by the victim C ( South, 17 years old) who was bypassing to the opposite side of the said car, was placed in front of the right side of the said car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of seven days’ treatment due to the occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared C (the occurrence of any traffic accident);

1. A report on the occurrence of a traffic accident, on-site drug map, actual condition survey report, and on-site photograph;

1. Application of Acts and subordinate statutes to a medical certificate, certificate of discharge from a entrance, and record repository;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. A fine not exceeding 700,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the Defendant’s confession of the instant crime against mistake, the fact that there was no record of criminal punishment, the degree of injury inflicted on the victim, and the agreement amount including medical expenses and consolation money, etc. through an insurance company to which the Defendant was a party, has already been paid to the victim.

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