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(영문) 대구지방법원 포항지원 2021.03.23 2021고단132

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 rocketing car.

On August 17, 2020, the Defendant driven the above car at around 13:55 on August 17, 2020, and continued the road front of the hotel C in North-gu, North Korea at the port to the front of a mountain box in the front of the D elementary school.

Since a pedestrian crossing is installed with signal signals, in such a case, the driver of the vehicle has a duty of care to protect pedestrians by properly examining whether there is a pedestrian, and to ensure that the driver of the vehicle has a duty of care to comply with the vehicle and pedestrian signals and to prevent accidents by safely driving the vehicle in accordance with the new code.

Nevertheless, the Defendant neglected to stop and stop the vehicle on the crosswalk, which was in violation of the signal and pedestrian signal, was negligent in driving it on the crosswalk, and the victim E (the age of 68) who dried the crosswalk in accordance with the pedestrian signals, was shocked by the front part of the Defendant’s vehicle, from the mac C hotel room to the front part of the D elementary school, in accordance with the pedestrian signals.

Ultimately, the Defendant suffered injury to the victim, such as the 4th week pressure pressure, which requires the victim to receive approximately 12 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

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 and Article 268 of the Criminal Act concerning criminal facts;

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

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

2. Aggravation of the recommended punishment according to the sentencing guidelines [the scope of punishment [the types of decisions] and the injury of a traffic accident [the person subject to special sentencing]] caused by a traffic accident: Where the illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious [the territory of recommendation and the scope of punishment recommended] increased area, eight months to two years by imprisonment without prison labor.

3. Determination of sentence: Six months of imprisonment without prison labor, one year of suspended execution, and a different sentence;