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(영문) 대구지방법원 김천지원 2020.04.28 2019고단1740

교통사고처리특례법위반(치상)

Text

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

except that 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

The Defendant is a person who is engaged in driving a cussing vehicle B.

At around 20:00 on October 8, 2019, the Defendant driven the above vehicle, leading to the intersection of the private distance at the entrance of the lutoluth 219-4 in the Gunan-dong 219-4 of the Gunan-dong, to the export tower from the parallel of the Sinan-dong.

At the time, the traffic control is near the intersection where the traffic is controlled by the signal apparatus at night, and the crosswalk is installed in the front direction of the direction, so the Defendant, who is engaged in driving, had a duty of care to prevent the accident by safely checking whether or not there is a pedestrian to reduce the speed and safely drive the crosswalk by checking whether or not there is a pedestrian.

Nevertheless, the defendant neglected this, left as he is, and passed the crosswalk by his negligence, did not avoid the victim C (A, 67 years old) who was standing to the port from the right side of the defendant's direction, and received the front part of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim due to the foregoing occupational negligence, such as “the framework of the body body felball, accompanied by a felkes (all parts) that require medical treatment for about three months.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, photographs, the actual condition of a traffic accident, on-site inspection photographs, and an investigation report (Attachment to CCTV images of traffic control systems);

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 and the Selection of Imprisonment without prison labor for a crime;

1. Grounds for sentencing under Article 62 (1) 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] shall be limited to the general traffic accident [the category 1] causing a traffic accident (the special person who has a punishment]. The mitigated element shall be limited to the serious amount of damage resulting from the failure to punish.