beta
(영문) 대구지방법원김천지원 2020.09.09 2020고단240

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 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 unregistered fluorite 125C Sacc.

Around 16:05 on December 4, 2019, the Defendant driven the above private-wheeled Land with a view to driving a one-lane road in front of the Gu-U.S. City (U.S.) from the C market room to the D Library.

At the time, there was a person crossing the road on the front side, and thus, a person engaged in driving a motor vehicle has a duty of care to live well on the front side and the right and the right, and to safely drive the road.

Nevertheless, the defendant neglected to do so and proceeded as it is, by negligence, received the part of the bridge of the victim E (the age of 32) crossing the road to the right side from the front side of the above private-wheeled Land, the upper part of the above private-wheeled Land.

Ultimately, the Defendant suffered injury to the victim, such as the pulververization of the cost, which requires approximately 14 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (as regards the new defense at the time of the accident);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

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

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 1] and the injury (special-speed person] caused by traffic accident: Where the injured party has a substantial negligence in the occurrence of traffic accidents or the expansion of damage (the scope of recommendation area and recommendation area] mitigated area, and one month through August of a credit cooperative;

3. That the degree of injury of the victim who was sentenced to sentence is serious, and that the accident was caused by the operation of a dead-wheeled stobane, which cannot be insured, is disadvantageous to the defendant.

(b).