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(영문) 대구지방법원 김천지원 2020.06.11 2020고단277
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On December 18, 2019, the Defendant driven the above car on the 18:43th day of December, 2019, and led the D ahead of the road in Kimcheon-si C to E from the tri-ri side.

Since a crosswalk is installed, there is a duty of care to safely drive a motor vehicle after checking whether a person engaged in driving the motor vehicle is a person who can live well on the right and the right by lowering speed.

Nevertheless, the defendant neglected this and proceeded to the port from the right side of the defendant's course due to negligence, and received the front side of the victim F (W, 63 years old) on the right side of the above crosswalk from the defendant's direction.

Ultimately, the Defendant suffered injury to the victim, such as a sudden pleassis No. 9 and 11, which require medical treatment for about 12 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, on-site photographs, on-site surveys, on-site surveys, and on-site reports (with respect to the attachment ofCCTV images);

1. A report on internal investigation (as to attachment of a medical certificate), an investigation report (as to attachment of a medical certificate);

1. Application of Acts and subordinate statutes to report internal investigation (victim F telephone call);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) and 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor or heavier punishment;

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

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, April through one year without prison labor.

3. The fact that the defendant's negligence is serious, the victim suffers serious injury, the amount of the defendant's running car is not covered by a comprehensive insurance.

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