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(영문) 대구지방법원 안동지원 2016.05.03 2016고단117

교통사고처리특례법위반

Text

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

However, the execution of the above punishment 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 Switzerland car.

On February 2, 2016, the Defendant driven the above vehicle at around 11:00, and led to the moving of the private distance of the permanent residence of North Korea to the right-distance of the permanent passenger at the time of permanent residence.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether there is a person who will build a road by reducing the speed of the person engaged in driving service and by living well the right and the right and the right and the right, and to drive safely.

Nevertheless, the Defendant neglected this and proceeded with the victim C (68) crossing the crosswalk due to negligence, and received the front part of the above vehicle.

Defendant 1 suffered injury to the victim, such as approximately 12 weeks’ pressure pressure, etc., which requires approximately 12 weeks’ medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by C;

1. Application of Acts and subordinate statutes to a survey report, on-site photograph, diagnostic certificate, and signal apparatus control register;

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

1. Grounds for sentencing under the main sentence of Article 62 (1) of the Criminal Act;

1. The scope of the recommended territory and the scope of the recommended sentence: Type 1, the scope of mitigation, the penalty for one month to six months, and the purchase of comprehensive motor vehicle insurance;

2. Determination of sentence: Six months of imprisonment without prison labor, and one year of suspended execution, the negligence related to the crime of this case and the degree of injury suffered by the victim shall not be minor;

However, taking into account the favorable circumstances such as the fact that the Defendant was aware of and against the instant crime, the fact that the instant car was covered by a comprehensive motor vehicle insurance, the fact that the Defendant had no record of punishment exceeding the same kind and fine, etc., and all other factors of sentencing as shown in the argument of the instant case, such as the Defendant’s age, sexual behavior, and environment.