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(영문) 대구지방법원 2019.10.23 2019고단1999

교통사고처리특례법위반(치상)

Text

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

However, 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

On February 17, 2019, around 19:00, the Defendant was driving the instant urban bus in front of 285-1 central distance cross-section 285-1 at the lowest radio distance in Yongcheon-si, Yongcheon-si, and led to moving to the right bypassing from the northcheon Registry to the west-do boundary of the door-distance.

Since there was an intersection in which a signal, etc. is installed, the defendant who is engaged in driving a motor vehicle has a duty to take into account the surrounding areas to ensure that there is a pedestrian crossing to cross the road by using the crosswalk well.

Nevertheless, the defendant neglected this, and caused the victim C (the 65 years old) crossing the road by using the crosswalk for green pedestrians, and caused the victim to face with the front bus side of the defendant due to the negligence that found late after the victim C (the 65 years old) who was crossing the road.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., an injury to the victim, such as an acute climatic depression, which requires approximately eight weeks of medical 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. Signals indicating the location of the accident;

1. Each photograph: Application of Acts and subordinate statutes by cutting the scene of an accident, the victim, or the images of an accident;

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 [decision of types] the general traffic accident [Type 1] the injury of traffic accident (special person who has been sentenced to punishment] - the mitigated element: In the event of serious injury (the scope of the recommended area and the recommended punishment] - In the event of serious injury, the basic area, the imprisonment without prison labor for not less than 4 months to 1 years [general person] - In the event of subscription to comprehensive motor vehicle insurance - In the case of falling under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the grounds for suspension of execution] - The major pride is not punishable.