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(영문) 대구지방법원 김천지원 2020.03.31 2019고단1546
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 the business of driving B cars.

At around 16:55 on 30, 2019, the Defendant driven the said car on the front of the D, which is located in the Gumi-si, Si, Gumi, and proceeded from the surface of the export tower to the shooting distance protection of the Gu Geum Man-si.

At all times, since a crosswalk is installed to regulate traffic by signal apparatus, the person engaged in driving service has a duty of care to safely drive the crosswalk in accordance with signal apparatus's instructions after checking whether the person gets on the crosswalk in accordance with pedestrian signals, and checking whether the person gets on the crosswalk in accordance with pedestrian signals.

Nevertheless, when the defendant, despite the vehicle stop signal, entered the crosswalk as it is by negligence in contravention of the signal while disregarding it, he got the victim E (the 24 years old) who crosses the road on the right side of the right side of the road through the crosswalk in accordance with the pedestrian signals, from the front side of the above part, and got the victim over the ground floor, leading the victim to a water meter at the lower part of the vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as the closure of the frame part requiring approximately 12 weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident, an accident site photograph, a practical condition survey report, and a visual closure photograph;

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) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes shall be limited to the general traffic accident [the category 1] causing traffic accidents (the special sentencing person] and the factors to mitigate the damage (including the serious efforts to recover the damage).

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