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(영문) 대구지방법원 2019.07.04 2019고단2327
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 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 of Bone Star Co., Ltd.

On February 11, 2019, the Defendant, at around 13:20 on February 13, 2019, driven the said Lone Star car and got left to the left-hand parking lot on the left-hand side of the proceeding direction while driving the front road of Busan City at the lower-water level.

In such cases, a person engaged in driving service has a duty of care to safely drive by checking whether a pedestrian has a duty of care by reducing speed and by properly examining the right and the right and the right of the road.

Nevertheless, the defendant neglected this and proceeded to the left without looking at the right side, and did not discover the victim D (n, 61 years of age) walking on the left side of the vehicle driving direction from the left side of the defendant's vehicle and received the front part of the above passenger vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the injury of the side rupture within the left rupture, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The degree of injury of the victim is not less light, conditions favorable to that of the victim’s failure to reach an agreement with the victim: A confession and reflect is made, the vehicle is insured by liability insurance, and there is no particular history of punishment except for the suspended sentence resulting from the crime of double-class crime, and other circumstances shown in the arguments of this case, such as the defendant’s age, character and behavior, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., shall be determined as per the disposition, taking into consideration

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