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(영문) 대구지방법원 2020.06.04 2020고단1296
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for one year 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 car in B.

On January 20, 2020, at around 15:10, the Defendant driven the said car, and driven the 2,000 waterway, waterway, and waterway, from the direction of the wave to the waterside, while driving the said car, there is a crosswalk at the front side of the road. Therefore, even though there was a duty of care to accurately operate the front side and the right and the right and the right of the Defendant, and accurately operate the brake system so that pedestrians can safely walk the crosswalk, the Defendant neglected his/her duty of care and neglected to look at the victim C (78 years of age) who was standing on the c. (78 years of age) where the c. was standing on the c., which caused the c. (the c.) to go on the c. in the front side of the car of the Defendant.

The Defendant suffered an injury, such as an island, which requires approximately eight weeks of medical treatment, due to such occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Application of Acts and subordinate statutes to accident site photographs and diagnostic certificates;

1. Article 3 (1) and the proviso to Article 3 (2) 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, the selection of imprisonment without prison labor;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, and the circumstances after

D. Unfavorable circumstances: The defendant's negligence is very significant, the extent of the victim's injury is significant, and the circumstances favorable to the fact that the victim's injury is serious: the confession and reflects the crime, and the victim is the victim.

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