beta
(영문) 대구지방법원 김천지원 2019.09.26 2019고단549

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 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 freight B and B.

On April 17, 2019, at around 08:49, the Defendant driven the freight vehicle from the Jinsi-ro to the E apartment gate of the Jinsi-si, the four streets prior to the Dinsi-si, Sinsi-si, Sinsi-si, and proceeded to turn to the left.

Since there is a crosswalk installed, G driver has a duty of care to properly look at whether there is a pedestrian crossing and safely drive to prevent accidents.

Nevertheless, the victim F(55 years old) who walked the crosswalk from the right side to the left side of the cargo vehicle of the defendant's driver's vehicle due to negligence to turn left as it is.

Ultimately, the Defendant suffered injury to the victim, such as a fluoral frame, which requires approximately 12 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Each written diagnosis;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes by capturing accident video CDs and CCTV for crime prevention;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, selection of imprisonment without prison labor;

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

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

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

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, April through one year without prison labor.

3. Determination of sentence: The circumstances unfavorable to the defendant, such as the degree of injury of the victim, the degree of injury of the victim, the failure of the victim, etc., the defendant's primary offender, the favorable circumstances such as the fact that the defendant's running car is admitted to the G Financial Cooperative, and other favorable circumstances such as the defendant's age, character and behavior, environment, motive for committing the crime;