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(영문) 대구지방법원 2019.09.05 2019고단3182
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car at B Dagler.

On April 4, 2019, the Defendant driven the above car at around 03:50, and continued to turn to the left the front of the 421 Central Ne-distance, as at the center of Daegu Jung-gu.

Since there is an intersection where signal lights are installed, there was a duty of care to safely drive a person engaged in driving service in accordance with good faith.

Nevertheless, the Defendant neglected to turn to the left due to the negligence in violation of the right-hand signal and brought the part of the victim C(69 years old)'s driving 5-si driving in accordance with green signals, which was conducted in accordance with green signals from the surface of the right-hand distance to the left-hand turn, into the front part of the Defendant's car.

As a result, the Defendant suffered injury to the victim by negligence, such as blood transfusion under the rash of an external wound, where there is no head or an open room in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

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

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

1. The scope of recommendations according to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act on the grounds of suspended sentence [decision of a type] The general traffic accident relief element / [Class 1] the injury by traffic accident (including the specially sponsed person] mitigation element: The sentence as ordered shall be determined by comprehensively taking into account the following conditions of sentencing as shown in the records, such as mitigation area, mitigation area (including the recommended area and the scope of recommendations), mitigation area (including efforts to recover the damage), mitigation area, circumstances under the ruling of sentence from January to August of the imprisonment without prison labor, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character

- The negligence of the defendant and the injury of the victim - the recognition and reflect of the crime,

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