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(영문) 대구지방법원 2017.09.26 2017고단3725
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of the Category B passenger car.

On June 13, 2017, around 09:40, the Defendant continued the road in front of the sampling park 242, the Daegu Northern-ro, Daegu Northern-dong, Daegu-do, 242, bypassing about 10km from the surface of the duct apartment to the surface of the ductle distance.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to see well the right and the right and the right and the right of the road, and to safely drive the road.

Nevertheless, due to the negligence of neglecting this, the part of the victim C (V, 58 years old) who opened the crosswalk in the direction of the right side of the defendant's vehicle and the part of the victim's bridge that the victim's macks the side into the front side of the defendant's vehicle, which is going beyond the age of 58 years, was the right side of the vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the left-hand side of the 12 week medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a 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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders [the scope of recommendation] No person who does not have the basic area (4th to 1 year) (the person subject to special sentencing) of the first type of traffic accident (the period of punishment) [the person subject to special sentencing] (the determination of sentence]. The following circumstances are considered in consideration of the defendant's age, sexual behavior, environment, motive and circumstance of the crime, means, results, and other factors of sentencing as indicated in the argument of this case, such as the circumstances after the crime, etc., shall be determined as ordered

[The favorable circumstances]

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