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(영문) 대구지방법원 포항지원 2017.07.19 2017고단550
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment 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 motor vehicle of B B B-B cargo II.

On March 15, 2017, the Defendant moved the crosswalks in front of the KDB Industrial Bank, 147-1, KRB, from the opposite terrestrial border to the square of No. 5 on March 15, 2017.

At the same time, there was a pedestrian crossing installed, so the person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking whether there is a pedestrian crossing who crosses the crosswalk by reducing the speed and by checking well the right and the right of the road.

Nevertheless, the Defendant neglected to do so and did not look well at the left and the left and proceeded on the crosswalk, and conflict between the victim C who crosses the victim C to the church from the KRB Industrial Bank, to the right side of the B B Poter II, driving by the Defendant, and the front right side of the two cargo.

Ultimately, the Defendant suffered injury to the victim, such as 8 weeks of pressure, which requires eight weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. A traffic accident report;

1. A copy of a medical certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image data analysis);

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. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the victim has agreed to pay 10 million won to the victim, the fact that the victim has subscribed to the comprehensive motor vehicle insurance, and the fact that there have been two years before the lapse of 20 years and there has been no previous conviction exceeding the fine, etc.);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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