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(영문) 대구지방법원 2020.04.08 2019고단5901

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 18:55 on October 25, 2019, the Defendant driven a knife B, and led the 82-3 Don-dong, Daegu-dong, Daegu-ro 23 Don-dong, to turn off the nife distance from the nife basin to the nife slope of the lower slope.

At the time, there is a crosswalk where a signal, etc. is installed at night and at that time, so the defendant engaged in the driving of motor vehicles had a duty of care to check whether there is a person who gets a road by reducing speed and checking well the right and the right and the right of the road, and to drive safely according to the new code.

Nevertheless, the Defendant neglected this and neglected to take part in the right side of the vehicle driving direction of Defendant C (the age of 52) who crossed the crosswalk in accordance with the pedestrian driving signal from the left side of the vehicle driving direction to the right side of Defendant C (the age of 52).

Ultimately, the Defendant suffered injury to the victim through occupational negligence as above, such as the unknown frame, closure, etc. at the bottom of the aggregate requiring approximately seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each photograph: “accident site” and “booming a black image images”;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the general traffic accident [the category 1] the injury [the special person] of traffic accident - the mitigated element: the mitigated element [including serious efforts to recover the damage] [the scope of the recommended area and the recommended sentence] mitigation area, the credit cooperative 1 to 8 months [the general person] mitigation area, the credit cooperative 1 to 8 months [the general person] mitigation element: the comprehensive motor vehicle insurance policy, the serious reflect nature - the aggravated element: the suspended sentence where serious injury not serious injury occurs.