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(영문) 대구지방법원 2017.05.11 2017고단1047
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years 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 wing and cargo vehicle B.

On January 22, 2017, the Defendant driven the above cargo without a driver's license of a motor vehicle, and led the 348 Cheongyang-do Cheongyang-do Cheongyang-do to the intersection of the shooting distance in front of the bullfighting stadium in the Cheongyang-do Cheongyang-do Cheongyang-do, Chungcheongnam-do.

Since there is no signal signal, in such a case, the driver had a duty of care to prevent accidents in advance by safely driving the vehicle, etc. that is already entering the intersection, and by checking whether another vehicle is already entering the intersection.

Nevertheless, the Defendant neglected to do so and got off the part of the victim C (57) driveed from the right side to the right side of the said cargo to the right side of the said cargo vehicle, which is going to the right side of the victim C (57) drive from the course of the course to the left side.

As a result, the Defendant suffered injury to the victim due to the occupational negligence as above, such as finite finites, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) and (2) a actual survey report;

1. The driver's license ledger;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (U.S. Driving without License) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Selection of penalty of imprisonment and imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act [the case where a minor injury occurs in the area of special mitigation (one month to eight months) (including a special mitigation person], and the case where a minor injury occurs in the area of special mitigation (the case where a special mitigation person is included) [the case where a serious effort is made to recover damage] [the decision of sentence].

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