beta
(영문) 대구지방법원 2018.05.17 2018고단720

교통사고처리특례법위반(치상)

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 one year 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 sports truck even in C.

On January 7, 2018, the Defendant operated the above truck and continued a large range of ozone distance in the new-dong, Daegu-gu, Daegu-gu, into an underground passage bank in the Dong-gu, Daegu-gu, at the port of dullll, from around 11:45.

Since the location is an intersection with a signal apparatus, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals by reducing speed and checking well the right and the right of the front.

Nevertheless, the Defendant neglected this and took part in front of the right side of the instant truck, which was driven by the victim D (65 tax) who was driven in accordance with the new heading from the jurisdiction of the relevant Gu office by negligence in violation of the signal, to the front side of the instant truck.

Defendant 1 suffered injury to sugar, etc., which had no room in two opens where approximately 10 weeks of treatment is required, due to negligence in the above business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions (1, 2);

1. An investigation report (limited to the attachment of screen pictures by cutting down CCTV images at the scene of an accident);

1. Application of Acts and subordinate statutes (D);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Standard for sentencing of the grounds for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend a lecture [the scope of recommending punishment] The sentence of the general traffic accident (one month to eight months) shall be determined by comprehensively taking into account the following circumstances: (a) the sentence of the sentence under which the sentence of the sentence is not imposed (including a person who has been specially mitigated), and (b) the sentence of the sentence under which the sentence is not imposed (including a serious effort to recover damage), and other conditions of the sentence indicated in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.

- The degree of injury to the victim is severe - recognition of the crime.