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(영문) 대구지방법원 2017.09.14 2017고단3622

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 CK7 cars.

On June 5, 2017, the Defendant driven the above car at a speed of about 30 km from the apartment site, with the front road located in Daegu Suwon-gu D, the Defendant driven the above car at a speed of about 15:40 meters to the speed of about 30 km per hour from the apartment site.

Since there are no signals, if pedestrians pass a crosswalk, they have a duty of care to temporarily stop in front of the crosswalk and protect pedestrians.

Nevertheless, the defendant neglected to do so and found the victim F (n, 8 years old) to be the left-hand side from the right-hand side of the defendant's proceeding. However, although the defendant was able to take over the front part of the defendant's vehicle's right-hand side.

As a result, the Defendant suffered from the above occupational negligence that caused approximately 12 weeks of care to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation of the police suspect of the accused;

1. Statement of the police statement related to G;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) [Special mitigated Persons] / [including efforts to recover damage] / The result of the injury suffered by the victim is considerably significant. However, the defendant's vehicle is not covered by comprehensive insurance, other favorable circumstances such as the defendant's age, sex behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc., and other factors indicated in the arguments of this case are considered.