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(영문) 대구지방법원 김천지원 2015.06.10 2015고단313

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for 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 BM7 car.

On January 26, 2015, the Defendant driven the said car at around 10:08, and led the D-road in front of the Gu-U.S. City C to the area of the fishery market at the beeae park.

Since a crosswalk is installed on the front side, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a road to reduce speed and to see well the right and the right of the road, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and proceeded along as it is, and by negligence, got the victim E (the age of 15) who is a pedestrian crossing to port from the right side of the direction of the driving car of the Defendant, as a front side of the Defendant’s driving car.

As a result, the Defendant suffered injury to the victim E, such as a flavating the upper left-hand flavating and alley flavating the 10-day therapy due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and E;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria [Scope of Recommendation] General traffic accidents of category 1 (Bodily Injury resulting from Traffic Accidents) (one to six months) in the mitigation area (special mitigation factors).

3. Determination of sentence: The criminal act of this case for four months of imprisonment without prison labor, and one year of suspended execution shall be the criminal act of this case involving the victim, who is a pedestrian passing along the crosswalk, by taking the victim a car and taking about ten weeks of medical treatment for the victim, and the criminal act of this case shall be the criminal defendant's illegal act.