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(영문) 대구지방법원 2018.05.17 2017고단5436
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 car in Cradical art.

On July 30, 2017, the Defendant operated a Modern car called the Edial Ediversative Lawon 16:15 on July 30, 2017, and proceeded with the intersection of the private distance in front of the river 645, which is located in the parallel of the Gu-U.S., Seocheon-gu, Gyeongcheon-do, the lower court, at the lower edicule of the heart.

Since there is a red on-and-off intersection, there was a duty of care to check whether there are other vehicles, etc. after temporarily stopping at the intersection and to proceed safely.

Nevertheless, the Defendant neglected this and did not temporarily stop in violation of the signal and did not temporarily stop, and instead proceeded on the right side of the Defendant’s vehicle, and received the victim D(35 years old)’s E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Ultimately, the Defendant suffered injury to the victim, such as mination of the left-hand body flag, which requires approximately eight weeks of treatment, due to the above negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. Medical certificate (D);

1. A report on investigation (with respect to damage to a vehicle) and a photograph of damaged a vehicle;

1. Application of Acts and subordinate statutes such as a report on investigation (as to the application of signal violations), red flickering and warning, etc.;

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

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

1. Standard of sentencing for the reason of sentencing under Article 62-2(1) of the Criminal Act regarding the order to provide community service and attend lectures [the scope of recommendation] general traffic accidents [the scope of recommendation] according to the determination of sentence for the type 1 (in April 1 to year) basic area (the defendant's age, occupation, sex, family relationship, circumstances before and after crimes, etc., and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, etc. shall be comprehensively taken into account.

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