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(영문) 대구지방법원 포항지원 2020.02.05 2019고단1515
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 engaging in driving a car B.

On August 19, 2019, the Defendant driven the said car at a speed of 86 km in the direction of the intersection from E-section to E, while driving the said car at a speed of 19:05 and driving it at a speed of 86 km in the direction of the intersection.

At the same time, crosswalks were installed on the front and the speed of 50km, so in such a case, the driver of the motor vehicle had a duty of care to prevent accidents by checking whether there is any person who gets on a road by reducing speed and checking the front and front left well, and complying with the restricted speed.

Nevertheless, the defendant neglected this and got the victim to go beyond 36 km per hour while putting the restricted speed on the right side of the passenger car of the defendant, putting the victim F, who was walking along the crosswalk from the right side of the passenger car of the defendant to the left side of the crosswalk, and due to the negligence of finding the 66 years old and later, got the victim to go beyond the road.

As a result, the Defendant suffered injury, such as 10 weeks of sexual intercourse, which requires approximately 20 weeks of medical treatment, from the victim by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on the occurrence of a traffic accident, a report on actual condition of the investigation, a report on investigation (Attachment of Data on Image Data on Traffic Accidents), a report on investigation (Attachment of Data on Speed Analysis of Vehicles), and a report on investigation (Confirmation of the health

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

1. Article 3 (1), (2) (proviso) 3 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act and the Selection of Imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

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 guidelines [the determination of types] shall be the injury of traffic accidents in general.

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