beta
(영문) 대구지방법원안동지원 2020.08.11 2019고단995

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of a Class B high Class III cargo vehicle.

On October 23, 2019, the Defendant driving the above cargo vehicle around 14:00, and made the turn to the left at the C cafeteria while driving the two-lane road in front of the corporate bank, which is located in the five-lane 106-h of the permanent city at the permanent city, along one-lane distance from the permanent city.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care for those engaged in driving service to thoroughly see the situation and to safely operate the tea.

Nevertheless, the Defendant neglected this and neglected to turn to the left and went to the left at the left, and received the back portion of the left portion of the EFUMA125 UMA driving of the victim D(the age of 65) who is moving to the right-hand side of the said cargo vehicle from a permanent residence in the margin of the sloping distance.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the bend of the Bridge, which is a reference to the joints of the right pelpel that requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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

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 and Special Cases concerning the Selection of Punishment for Criminal Facts; Article 268 of the Criminal Act; Selection of imprisonment without labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, April through one year without prison labor.

3. The crime of this case, which was decided to be sentenced, is opposite to the road while the central line was over and turn to the left.