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(영문) 대구지방법원 안동지원 2020.02.19 2019고단884
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 MF6 car.

On September 2, 2019, the Defendant driven the above car at around 18:40 on September 2, 2019, and led to a three-lane road in front of the New Young-gu Post Office, which is located in 57 at the cost of permanent residence, from the permanent residence to the area of the Namsan-si.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who renders a way to reduce the speed and to see well the right and the right and the right and the right of the road, and to safely drive the road.

Nevertheless, the Defendant neglected to do so and proceeded without looking at the front side, and by negligence, the Defendant got the victim C (the 85 years old) to the right side from the left side of the running direction of the Defendant at the time when the Defendant got the victim C (the 85 years old) to the front part of the right side of the said car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately 12 weeks from the left-hand side in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by C;

1. Report on the occurrence of a traffic accident;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

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

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. Scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 1] the injury [special person] of a traffic accident - The factors to mitigate the punishment (including serious efforts to recover the damage]: Reduction area (the scope of recommendation area and recommendation range] mitigation area, imprisonment without prison labor for one to eight months [the general person] - Purchase of a comprehensive motor vehicle insurance policy and there is no record of criminal punishment [the grounds for suspension of execution];

3. Determination of sentence: Injury suffered by a victim of April of a credit cooperative or one year of a suspended sentence;

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