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대구지방법원 상주지원 2018.02.20 2017고단497
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for two years 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 a C Poter cargo vehicle.

On February 24, 2017, the Defendant driven the above cargo vehicle at around 19:00 and had the road in front of the fire station stationed in Seoyangdong at the time of residence to the left turn to the left at the seat of the Sungsan Hospital permanently stationed in the same Si-dong.

There are on-and-off signals installed, and the crosswalks are installed, so that drivers are engaged in driving service, there was a duty of care to check whether there is any person standing on the crosswalks by reducing speed and checking well the right and the right and the right and the right and the right and the right and the right and the safe driving of the crosswalks to prevent accidents.

Nevertheless, the Defendant neglected this and neglected to turn to the left and went beyond the road by shocking the left side of the victim D (the age of 46) who crossed the road using the crosswalk from the scam comprehensive pharmacy room at the place of the fire station where the Defendant was stationed at the left.

Defendant 1 suffered injury to the victim due to the above occupational negligence, i.e., an injury to the victim, such as an exposure to an external wound, which does not have any address in the two open periods of medical treatment for about 12 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each investigation report (No. 20,26 No. 5 of the evidence list);

1. To inquire into the ledger of driver's licenses, chassis, and mandatory insurance;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs and chest photographs of an accident scene;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of punishment recommended according to the sentencing criteria (the type of traffic accident) shall be general traffic accidents;

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