beta
(영문) 대구지방법원 김천지원 2019.10.08 2019고단869

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 engaged in driving a rocketing car.

On June 21, 2019, the defendant, around 18:43, 201, operated the above passenger car on the front road of the Guro-si C apartment Ddong, and proceeded from the E apartment room to the F elementary school.

There is a protection zone for children and a crosswalk installed, and there was a duty of care to prevent accidents in advance by complying with the speed limit to persons engaged in driving motor vehicles, and by accurately operating the steering and brakes and driving them.

Nevertheless, due to negligence of neglecting this, the victim G (10 years old) who walked on the crosswalk in the right side of the running direction of the said car by neglecting it and neglecting the front side and the left side side of the said car.

As a result, the Defendant caused the victim to suffer from the above occupational negligence, which caused approximately six weeks of treatment to the right upper part of the body in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a report on investigation (on-site investigation results and a suspect's video attachment), on-site photographs, diagnostic documents, and a report on actual condition investigation;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] shall be the general traffic accident [category 1] the basic area of the injury (the scope of the recommended field and the recommended range] of traffic accidents, the basic area of the credit cooperative, four months to one year;

3. The decision-making accused acknowledges all of the crimes and reflects them.