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(영문) 대구지방법원 서부지원 2017.06.08 2017고단104
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of 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 B-II cargo vehicles.

On October 18, 2016, the Defendant driving a above cargo vehicle around 15:25 on October 18, 2016, and driving it on a commercial-ro 181 on a commercial-ro 181.

The two-lane roads in front of the sub-sections of the sub-sections of ELID, from the off-sections of ELID to the left left at a speed of about 30 km each hour, depending on the two-lanes of merchants at the south four-lanes of the merchant.

Since a crosswalk without signal, etc. is installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a way to drive the motor vehicle by reducing speed and checking the right and the right and the right of the motor vehicle and to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and proceeded as it is, and thereby, received the victim C (the 66 years old) who dried the crosswalk on the left side of ELL, the left side of Ro-man, from the Defendant’s right side, as the Defendant’s negligence.

As a result, the Defendant suffered injury, such as cutting down the body part of the mouths in need of approximately 12 weeks of treatment by occupational negligence as above, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of Acts and subordinate statutes for reporting on the occurrence of traffic accidents, on-site photographs, actual condition investigation reports, and investigation reports;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] There is no basic area (four months to one year) (the person subject to special sentencing) of the first type of traffic accident (the injury caused by traffic accident) [the decision of sentence] [the degree of injury inflicted on the victim]], the degree of injury inflicted on the victim is more serious, the defendant is disadvantageous to the defendant, and the defendant is hicking in depth.

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