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(영문) 대구지방법원 2015.06.23 2015고단484
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 engaging in driving a rocketing car.

At around 13:20 on August 23, 2014, the Defendant, while driving the said vehicle, led the victim to the front part of the Defendant’s vehicle with the front part of the Defendant’s driver’s vehicle, who was negligent in performing his duty at the front of the road in front of the Seodaemun-gu Seoul Northern-gu, Seoul, to the front part of the road. When he neglected to perform his duty at the front of the road, the Defendant did not discover the victim D(74 years of age) who crossing the road at the front of the vehicle located in the front of the road.

The Defendant suffered from a serious injury to the victim by negligence in the course of business, which caused approximately 12 weeks of medical treatment to the victim, in the absence of an open room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Medical certificates, written opinions on serious injury, and written opinions;

1. Application of Acts and subordinate statutes, such as a traffic accident report, and a standing investigation report;

1. Article 3 (1) and the proviso to Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime, Article 268 of the Criminal Act, and Article 3 (1)

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. [Scope of Recommendation] The basic area (including April to October) of the first type of general traffic accident (special mitigation) (including efforts to recover damage), the punishment is not imposed (type 1), and the case where serious injury occurred (type 1) of the accident in this case] / The defendant is unable to communicate properly until now due to the serious injury of the victim due to the accident in this case. Although the defendant's liability is not easy, the defendant's liability is not easy, the fact that the defendant's family members agree smoothly with the victim's family members, that the defendant was covered by the comprehensive motor vehicle insurance, that the defendant did not have any criminal record beyond the suspension of execution, and that there was no other case.

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