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(영문) 대구지방법원 경주지원 2017.03.08 2016고단781
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 B-learning car.

On August 18, 2016, the Defendant driven the above car at around 15:20 on August 18, 2016, and led to the two-lane road in front of the “D Hanwon” located at the time of racing along the three-lane distance from the central market four-distance distance to the Young Village at the speed of about 30km.

In this case, the driver has a duty of care to check whether there is a person who gets on the crosswalk and safely drive the crosswalk and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and did not look at the front section of the passenger car, and by negligence passed on as is, the Defendant got the victim E (the 72 years old) who dried the crosswalk to the right side from the left side of the bed bank on the left side of the bed.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the blood transfusion from an external wound, which does not have any wife within 12 weeks in need of open medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a survey report on actual condition, field photographs, and medical certificate;

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

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

1. Application of the sentencing criteria [the scope of the recommended sentence] general traffic accidents in the area where the sentencing criteria are mitigated (one month to eight months) (any person who is specially mitigated).

2. In this case, if the defendant violated his duty to protect pedestrians in a crosswalk and thereby causes serious injury to the victim, the nature of the crime shall not be minor;

However, the fact that the defendant is against the defendant, the fact that the defendant has agreed smoothly with the victim, the first fact and the other.

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