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(영문) 대구지방법원 서부지원 2019.10.17 2019고단564
교통사고처리특례법위반(치상)
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 October 12, 2018, at around 02:50, the Defendant: (a) driven a B Costex van and sustained approximately 186, Seo-gu, Seo-gu, Seo-gu, and 50 kilometers from the right side to the Seo-gu fire fighting department, while driving a four-lane road from the right side to the Seo-gu, Seo-gu, Seo-gu, Daegu to the right side of the road from the right side to the right side of the road at about 50 kilometers from the right side of the road; (b) due to the occupational negligence of which the left-hand turn to the left-hand left-hand turn from the right edge of the vehicle, the Defendant received the victim C (the age of 26) who was crossing the above intersection from the right side of the road to the Seo-gu, Seo-gu, Seoul to the right side of the road to the right side of the vehicle at about 50 kilometers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (verification of CCTV images around the scene of an accident);

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

1. The signal system as a result of investigation;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a pedestrian crossing by driving a vehicle in violation of the signal, and the fact that the crime is not good, and that the victim suffered serious injury due to the instant accident, etc. is disadvantageous.

However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's confession of the crime of this case and the mistake is divided, the fact that a vehicle is insured by a comprehensive motor vehicle insurance, and the age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.

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