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(영문) 대구지방법원 2016.05.12 2016고단450
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On October 18, 2015, at around 17:05, the Defendant driven a C Poter Cargo, and proceeded at a speed of about 68 km from the e-distance side of the Tae-gu Jung-gu to the e-lane of the parallel at the speed of about 68 km in front of the Tae-gu, Tae-gu to the Tae-gu, Tae-gu, the Defendant, in violation of the signal, stopped on the crosswalk on the right side of the Defendant’s road due to the occupational negligence that entered the red signal, and stopped on the crosswalk in the direction of the direction of the Defendant’s running, which started from the yellow signal, but went through the front side of the Defendant’s right side and even door.

As a result, the Defendant caused the above victim by negligence in the course of business to suffer bodily injury, such as cerebral cerebral cerebrovas, which requires approximately 16 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to an investigation report (Attachment, such as site photographs), and notification of the results of traffic accident analysis;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] of the general traffic accident [the grounds for sentencing under Article 62(1) of the Criminal Act] In the area of special mitigation (one to six months), where there is considerable fault in the occurrence of a traffic accident or the expansion of damage even for the victim (a special mitigated person], the victim is not subject to punishment (including a serious effort to recover damage): The decision of sentence] unfavorable circumstances: The victim is under the instant traffic accident, and the result of the injury, such as the victim being under the mental treatment due to the chronic disorder, is considerably significant; the victim is also at fault in the occurrence of a traffic accident; the victim does not wish to punish the defendant; the victim does not have any history of criminal punishment within the last ten years; and there is no history of criminal punishment within the last ten years.

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