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(영문) 대구지방법원 2017.01.19 2016고단3430
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CPoter II freight vehicles.

On June 21, 2016, the Defendant, at around 18:15, proceeded at approximately 20km in speed, from the Gu-U.S. side of the Gu-U.S. to the e-mail of the e-way from the Gu-U.S. side of the Gu-U.S. side of the two-lane.

On the front of that location, there was a crosswalk where the signal lights are not installed, so there was a duty of care to check whether a person engaged in driving service has a way to see well the right and the right and the right and the right and the right, and to safely drive the vehicle.

Nevertheless, the Defendant neglected this and failed to discover the victim G (the age of 55) at a late time and failed to avoid it. Thus, the Defendant received victims from the front part of the Defendant’s vehicle as the front part of the victim’s vehicle.

Ultimately, the Defendant suffered, from the above occupational negligence, the injury of the victim G, including cage cages, which requires approximately 6 weeks of medical treatment, and the injury of the victim F, including 4 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Field photographs, etc.;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Reasons for sentencing under Article 62(1) of the Criminal Act - Reasons for sentencing under Article 62(1) of the suspended sentence - Unfavorable circumstances: The defendant caused the instant traffic accident resulting in the injury to pedestrians who walk the crosswalk, and the result of the injury suffered by the victims was considerably significant; favorable circumstances: the defendant's vehicle is not covered by the comprehensive insurance, and there is no history of crime except for those subject to punishment once by a fine for driving without a license in 2014.

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