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(영문) 대구지방법원 포항지원 2017.09.28 2017고단974
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CPoter II freight vehicles.

On April 24, 2017, the Defendant driven the above cargo vehicle around 06:03 and got to turn to the left at the seat of the hotel located in the north-gu, 222 in the north-gu, Pohang-gu, Pohang-gu, 2017.

Since there are no left-hand turn-hand turn-hand turn-hands at a crosswalk where signal, etc. is installed, a person engaged in driving service has a duty of care to check whether there is a person who renders a left-hand turn, reduces speed, and well sees the right and the right and the right, and to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected to turn to the right of the front part of the body of the victim D (Woo 75 years old) who walks to the left part of the direction of the Defendant’s proceeding according to the pedestrian signals by negligence and by negligence, left to the right of the front part.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as brain injury with fewer than two parts in need of open treatment for about 20 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) (Article 62(1) (Article 62(1)) (Article 1) (Article 1) (Article 62(1) (Article 62(1)) (Article 62(1) of the Criminal Act), in the event a serious injury occurs (including a serious effort to recover damage) / [Article 1) (Article 62(1)) (Article 62(1) of the Criminal Act (Article 62(1)) (Article 62(b)) (Article 62(1)) (Article 62(3) of the Criminal Act.

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