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(영문) 대구지방법원 상주지원 2015.07.07 2015고단208
교통사고처리특례법위반
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

On March 4, 2015, the Defendant is a person who is engaged in driving the Poter Cargo. On March 11:55, 2015, the Defendant driven the above cargo vehicle and proceeded in front of the crosswalk by moving the road in front of the Pool distance, which is located as the driver of the Poter-Eup in the Gyeongcheon-do, into the surface of the Poter-do, Namcheon-do, the Defendant suffered from the injury of the victim C (76 years old, female) who was standing the crosswalk in accordance with the walking signals of the Poter by negligence when he was negligent in performing his duty of care to stop temporarily and not interfere with the passage of pedestrians.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

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

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The basic area (4 to 10 months) of the first type of general traffic accident (the special person) [decision of sentence] (the defendant did not agree with the victim] although the defendant did not have any record of criminal punishment, the defendant did not agree with the victim. However, the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance, and the defendant's age, character, character and environment, motive, means, means and result of the crime, etc. are considered as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc. and the conditions of sentencing

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