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(영문) 대구지방법원 2019.09.04 2019고단2024
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

On March 24, 2019, at around 22:06, the Defendant driven a B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

The defendant engaged in driving motor vehicles has a duty of care to properly see the front side and the left side and accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, while the defendant neglected to do so, the victim F (79 years of age) who was crossing the crosswalk to the pedestrian red signal after finding the victim F (79 years of age) from the left-hand apartment surface from the darb on the right-hand side of the running direction of the defendant's vehicle, and the part of the victim's jum was shocked with the front part of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim, such as the left-hand majority of the expenses required for medical treatment for about 14 weeks due to the above negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The range of recommendations according to the sentencing guidelines [decision of types] the general traffic accident [Type 1] the injury (special person in charge) of traffic accident - the victim is also negligent due to considerable negligence in the occurrence of or the expansion of damage to a traffic accident: where a serious injury has occurred [the scope of recommendations and recommendations] the basic area of the case where a serious injury has occurred [the scope of recommendations and recommendations], and four months to one year [no general person in charge] [the grounds for suspension of execution] major pride: where the victim was negligent due to a significant fault in the occurrence of a traffic accident or the expansion of damage, the principal illegal cause has occurred.

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