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(영문) 대구지방법원 상주지원 2015.12.15 2015고단511
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 operation of a Grandroth driver.

On October 21, 2015, at around 08:45, the Defendant driven the above vehicle and moved to a bypass the road in front of the D convenience point C at the time of stay.

At that time, there was a place where a crosswalk is installed without signal, etc. in the city, so there was a duty of care to properly see the front and rear left, such as whether there is a pedestrian, and to prevent the accident by driving the motor vehicle safely.

Nevertheless, the defendant neglected this and did not discover the victim E (the age of 81) who walked on the left side from the right side of the horse to the left side without examining the right side, and did not discover the victim E (the age of 81) who walked on the right side of the driver's vehicle and had the victim go beyond the road.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting the body of the body to the right to the right, for about 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general traffic accident area (one to six months) the mitigation area (the decision of sentence] of category 1 (the special mitigation person) and the exemption area (the decision of sentence] has no record of punishment exceeding the fine. In addition, the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and conditions of the sentencing as shown in the arguments of this case, such as the circumstances after the crime.

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