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(영문) 대구지방법원 포항지원 2017.02.07 2016고단1722
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2016, the Defendant driving a CK7 car around 18:10, and driving the CK7 car in front of the “E Mart” road located in D at the port of port at the south-gu at the port of port, and driving the road one-lane between the two-lanes of the land of Taedol apartment.

Since a crosswalk is installed, there is a duty of care to prevent accidents in advance by checking whether a person engaged in driving a motor vehicle has a road by reducing speed and by checking well the right and the right of the road, and driving the motor vehicle safely.

However, the Defendant neglected this and got the victim F(45 years old), the victim G(n, 23 years old), and the victim G(n, 23 years old) over the road on the left side of the car driving direction due to the occupational negligence, which led the Defendant to go beyond the road, from the left side of the car driving direction.

Ultimately, the Defendant suffered, by the above occupational negligence, approximately 6 weeks of unexplosion, etc. from the victim F, approximately 11 T1 and T12 of T12 in need of stability medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act concerning the selection of a punishment (the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims G with heavy penalty, shall be imposed, but the imprisonment without prison labor shall be selected);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for protection and observation and attending lectures [the scope of recommendation] of the grounds for sentencing under Article 62-2 of the Criminal Act [the scope of punishment] the mitigated area (one month or month to eight months of imprisonment without prison labor) [including a person who has been specially mitigated] the punishment not (including a serious effort to recover damage] [the sentence] unfavorable circumstances: The injury was inflicted by shocking many victims who walk the crosswalk.

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