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(영문) 대구지방법원 포항지원 2019.02.22 2018고단1685

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 a B car.

On August 1, 2018, the Defendant driven the above vehicle at around 06:20, and driven the front of the D road located in Southern-gu C at the port of port from the south-gu office towards the malutical distance.

There are crosswalks where signal lights are installed, and in such cases, the driver of the vehicle has a duty of care to keep the signal well for the driver of the vehicle, and to temporarily stop in front of the crosswalk.

Nevertheless, the Defendant neglected this and did not temporarily stop in front of the right-hand crosswalk, and by negligence, got the victim E (73 years old) who opened the crosswalk from the right-hand side of the Defendant’s running direction to the left-hand side of the crosswalk into the front-hand part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the 14-day off frame, checkout, and left-hand frame, which require 14 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition of traffic accidents;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Case where illegality is serious in the basic sphere (the person subject to special mitigation) (the person subject to special mitigation) / [decision of sentence] violation of the defendant, degree of injury suffered by the victim, etc. in light of the degree of violation of the proviso of Article 3(2) (excluding subparagraph 8) of the School Specialized Law (the decision of sentence], agreement with the victim was reached, circumstances favorable to that of the defendant's age, character and behavior, motive for the crime, circumstances after the crime, etc. are considered.