beta
(영문) 대구지방법원 서부지원 2019.07.10 2019고단360

교통사고처리특례법위반(치상)

Text

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

except that 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

On December 21, 2018, the Defendant driven B 49C 12:10 on December 21, 2018, and led the road in front of the crosswalk at the Seogu Seo-gu C apartment Ddong, Daegu, to proceed to the direction of the monthly elementary school distance from the direction of the police box.

At the same time, there is a crosswalk in which signal lights are installed, so the driver of the motor vehicle has a duty of care to check whether there is a person who gets on the way to reduce the speed and see the front door well, and to drive the motor vehicle safely according to the traffic signal.

Despite this, the defendant neglected this and got the victim E (the age of 79) to go beyond the road by taking the victim E (the age of 79) from the front side of the front side of the front side to the left side of the front side of the front side of the front side of the front side of the front part of the front part of the front part of the front part of the front part of the front part of the road.

Ultimately, the Defendant suffered injury, such as pulverization in flabing flabing, which requires approximately eight weeks of medical treatment to the victim through occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on the occurrence of a traffic accident, an accident site photograph, and an actual condition survey report;

1. Scambling images of a witness vehicle;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence: Circumstances favorable to the defendant, such as the violation of signal signals and crosswalks: the fact that the victim was faced with the framework of eight weeks old, the victim was not covered by a comprehensive insurance policy and did not agree with the victim: confessions and reflects; the defendant is covered by the liability insurance policy; the defendant is aged and is the first offender; the defendant's character and behavior, environment, motive and background of the crime; and the means of the crime.