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(영문) 대구지방법원 안동지원 2018.07.13 2018고단141
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 a motor vehicle with detached motor vehicle B.

On February 9, 2018, at the time of permanent residence around 18:50, the Defendant came to turn to the left at the right side of the Dong administrative welfare center for permanent residence and at the right side of the permanent elementary school.

At all times, there is a center where left turn is prohibited due to the center line of yellow-ray, and at the front section, the crosswalk was installed, so in such a case, the person engaged in driving service had a duty of care to safely drive the crosswalk by checking whether there is a person who gets on the front section and left, and by maintaining the tea line.

Nevertheless, the Defendant neglected to do so and went to the left at the center of the center and proceeded to the left, caused the Defendant to leave the left side of the victim D (W, 75 years old) on the left side of the crosswalk from the direction of the Defendant’s proceeding to go to the road.

Ultimately, the Defendant suffered injury to the victim, such as the 12 weeks of medical care due to occupational negligence, such as the franchising of the front frame which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

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

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment; Article 3 (2) 2 and 6 of the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing Sentencing [Scope of Recommendation Sentence] In the basic area (referring to April to one year) (referring to a person subject to special sentencing] (referring to an aggravated punishment) in the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, where illegality in the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (Reduction);

2. The Defendant, while proceeding with the central line, was shocked by the victim of the crosswalk, and the degree of injury of the victim is considerably heavy.

However, this case.

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