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(영문) 대구지방법원 안동지원 2020.06.16 2019고단895
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 engaging in driving a rocketing car.

On September 22, 2019, the Defendant driven the above car at around 20:11, and led to the two-lane road in front of D in C when permanent residence is located at the time of permanent residence.

At the time, the crosswalk was installed at night and in the front, and in this case, there was a duty of care to check whether there was a person who gets involved in driving service to reduce speed and to check the right and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the defendant neglected this and proceeded without looking at the front side, and by negligence, from the left side of the defendant's proceeding, he was placed on the right side of the victim E (the age of 48) such as knee knee knee knee knee knee knee knee knee knee knee knee knee kne.

After all, the Defendant suffered, by the above occupational negligence, the injury of the victim E, such as 10-day care for approximately 10 weeks from the outer side of the right runway and minculation of culvers, etc., and the injury of the victim F, who did not have any open address within the lecture that requires approximately 6 weeks of medical treatment, and the injury of the victim F, in case of the brue and the brue type

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Application of the Act and subordinate statutes to a survey report on actual condition, a photo at the scene of an accident, and a report on investigation (Attachment to Blue Track Images);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning facts constituting an offense

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing criteria (the determination of types) shall be limited to the ordinary traffic accidents.

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