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(영문) 대구지방법원 포항지원 2013.09.04 2013고단622
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On May 22, 2013, the Defendant driven a B Car with B Carp on May 2, 2013, and came to proceed from the opposite market to about 30 km at the speed of Samsung Life, at the south-gu Gyeongdong at the port of port.

At the time, since it is difficult to confirm whether a vehicle that is parked near an intersection is a night and a vehicle that is parked in the vicinity of an intersection, and in such cases, a person engaged in driving of a motor vehicle has a duty of care to ensure the safety of the passage through the intersection to prevent accidents by entering the intersection in order to ensure the safety of the passage through the intersection, such as slowly driving prior to entering the intersection or temporarily stopping the motor vehicle before entering the intersection.

Nevertheless, the Defendant did not discover the victim C (the 18-year-old driver) driving D 110C motorcycle in the right-hand side from the driving direction of the said car, and received the front part of the said motor vehicle as the front part of the said motor vehicle's right-hand side.

As a result, the Defendant suffered injury, such as the left-hand flag, which requires medical treatment for about 12 weeks due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A traffic accident occurrence report;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (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 (see, e.g., the confession and reflective nature of the defendant, and the primary charge);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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