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(영문) 대구지방법원 서부지원 2020.07.23 2019고단2973
교통사고처리특례법위반(치상)
Text

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

except that 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 a small-scale car B.

On July 9, 2019, the Defendant came to turn to the left at a speed of 10km from the side of the Dridge, Daegu-gu, Daegu-gu, about 09, at the speed of 10km.

At all times, there is a left-hand turn sign and a crosswalk, so in such cases, the driver of the vehicle shall not make a left-hand turn according to the mark, and when the pedestrian passes the crosswalk, the driver of the vehicle has a duty of care to temporarily stop in front of the crosswalk to check the safety of the pedestrian, check the safety of the pedestrian, and prevent the accident in advance.

Nevertheless, while the defendant neglected to turn to the left and went to the left in contravention of the prohibition sign of left turn, the defendant received the left shoulder of the victim E (76 years old) who is crossing the crosswalk.

Ultimately, the Defendant suffered injury to the victim, such as 12 weeks of need for medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

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

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the Defendant, while driving in violation of the signal, received the victim who was crossing the crosswalk and inflicted an injury on the victim, and is disadvantageous to the victim, such as the nature of the crime is not good, and the victim suffered an serious injury.

However, the defendant confessions the crime of this case and repents the mistake, the victim does not want the punishment by agreement with the victim, the defendant does not have any record of punishment exceeding the fine, and the age and age of the defendant.

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