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(영문) 대구지방법원 포항지원 2017.07.13 2017고단567
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 CTB car.

On March 26, 2017, the Defendant driven the above car on March 26, 2017, and proceeded three lanes in front of the 194 North-gu Steel at port, Nam-gu, Nam-gu, Steel at port, with three lanes in front of the 194-lane, from the boundary of the steel tower at the boundary of the day.

Since there is a private street intersection where signal lights are installed, it was confirmed whether a person engaged in driving service is driving in another direction by reducing speed and by properly examining the right and the right of the road, and there was a duty of care to safely drive in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and neglected the red signal and neglected it, and caused the victim D(54 ) driving on the left side from the right side of the Defendant’s running direction to the left side according to the new subparagraph, and received the front part of the said Tbluri car.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim F (F, female, and 32) who is a taxi passenger, and the injury to the victim F (F, female, and 32) who requires approximately six weeks of medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] In general traffic accidents, the mitigation area (one month to eight months) [the person who has been specially mitigated] punishment is not imposed (including efforts to recover damage), the defendant is divided into his/her mistake, and the victims do not want the punishment of the defendant.

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