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(영문) 대구지방법원 포항지원 2019.03.13 2018고단549

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 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 Al Pa Pa Pa-car.

On April 25, 2017, the Defendant driven the above car at around 14:13 on April 25, 2017, and became to turn to the left at the left at the right turn from the direction of moving to the right turn.

At each direction, the pedestrian traffic is frequent, such as crosswalks are installed, so in such a case, the driver of the motor vehicle has the duty of care to prevent the accident in advance by keeping the front door and the left and the right, and safely driving the motor vehicle.

Nevertheless, the Defendant did not discover the victim F (the age of 85) who was negligent in neglecting the front city at the time from the apartment side of the E apartment at the time of his negligence, leading the fingers to the long beach to the long beach, without permission, and had the victim go beyond the ground by receiving the victim from the front part of the Defendant's passenger vehicle.

As a result, the Defendant suffered, due to the above occupational negligence, the victim suffered from the 12 weeks of traumaed propoppy, the focus on the absence of two inner organs, which has no one in which there is no one in which medical treatment is open, and the victim suffers a serious injury that makes it impossible for him to lead a daily life on his own due to the decline in recognition function.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. G statements;

1. The actual condition of traffic accidents, on-site photographs;

1. A written opinion, a medical certificate, photographs of victims, and a reply regarding medical advice;

1. Application of Acts and subordinate statutes to a report on investigation (for example, scambling images) and a report on investigation (for hearing statements by a victim's family member);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

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

1. The defense counsel under Article 62-2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents shall be entitled to the life of the victim under Article 4(1)2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents.