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(영문) 대구지방법원 경주지원 2018.10.18 2018고단460
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 person who is engaged in driving a motor vehicle with sod motor vehicle B.

On April 14, 2018, the Defendant driven the above car at around 22:40, and driven the two-lane road in front of the entrance of the funeral hall at the Dong-gu Hospital in the Dong-dong of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Gu.

At all times, there was a crosswalk where signal lights were installed, and there was a yellow-off signal on and off the signal lights, so in such a case, there was a duty of care to safely drive a motor vehicle and prevent accidents in advance by checking whether there was a person driving the motor vehicle to reduce speed and to check the traffic conditions on the right and the right and the right of the motor vehicle.

Nevertheless, when the Defendant neglected to do so and proceeds as it is, the Defendant got the victim C (53 years) and the victim D (52 years old) to cross the crosswalk to the right side from the left side of the car driving direction of the Defendant to the right side.

As a result, the Defendant suffered injury to the victim C, such as cutting down the upper right frame, which requires approximately six weeks of medical treatment, due to the above occupational negligence, and injury to the victim D, such as cutting down the upper frame, which requires approximately six weeks of medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C;

1. A traffic accident report;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Accidents that are placed on the crosswalks, and the degree of each victim's injury is not minor;

The favorable circumstances: confession and reflect.

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