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(영문) 대구지방법원 김천지원 2018.01.23 2017고단1530
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 who is engaged in driving a straw freight vehicle B.

On May 19, 2017, the Defendant driven the above cargo vehicle at around 11:30, and had a road of 1 Do Do 1 in the front of the Gu and U.S. tried to proceed with the guard at the front of the Gu and U.S. at the front of the police box.

At this point, the center line is installed with yellow solid lines, so in such a case, the driver of the motor vehicle has a duty of care to safely proceed along the lane without breaking the center line in the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and got a victim D (the age 65) who was walking along the road at the edge of a lane opposite to the opposite mast by the negligence of the centering around the center to overtake an agricultural Track that passed ahead, and received the full left side of the said Defendant’s vehicle.

As a result, the Defendant suffered injury, such as the mouth felbing of the body in which the victim had to receive medical treatment for about three months due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. As to the attachment of the investigation report (as to the attachment ofCCTV images)

1. A medical certificate;

1. Application of Acts and subordinate statutes governing CCTVs, such as field photographs, on-site examinations, black stuff photographs, and CCTV images to the scene images;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the 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 on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [the scope of the recommended punishment] General traffic accidents in the area where the sentencing criteria are mitigated (one month to eight months) (a person who has been specially mitigated).

2. The Defendant was driving a cargo vehicle, causing a traffic accident, resulting in injury to the victim.

The injury suffered by the victim is very serious.

However, the defendant committed the crime of this case.

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