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(영문) 대구지방법원 2016.05.19 2016고단1123
교통사고처리특례법위반등
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 vehicle B with low investment.

On October 25, 2015, the Defendant driven the above car at around 16:25, and led to the progress of one-lane of the one-lanes near the entrance of the Do-do hot spring located in the Do-dong, Do-dong, Gyeongbuk-gun, Gyeongbuk-do into the Do-do hot spring hole.

Since the place is where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the tea.

Nevertheless, the Defendant neglected this and neglected to turn left at the center line of the Defendant, thereby causing injury to the victim, such as a closed bMW f650 GS Rob, which requires approximately 8 weeks of treatment, by taking the front part of the victim C(41) driving, which was placed on the opposite side of the said car, at the right side of the said car, and at the same time, damaged the victim by taking approximately 14,114,00 won such as the repair cost of the front penter.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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, Article 151 of the Road Traffic Act (the occupation of occupational and de facto damage);

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure (hereinafter “Suspension of Execution”) is deemed to be less severe in light of the following: (a) the Defendant was injured by the victim by driving the central line, and at the same time damaged by the victim’s urbane; (b) the amount of damage reaches approximately 14,114,000 won; and (c) the victim wanted to punish the Defendant, but the Defendant did not commit the crime of this case.

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