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(영문) 대구지방법원 2019.07.25 2019고단2656
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person driving a B human free car as his/her duties.

On January 23, 2019, the Defendant driving the said vehicle on the road in front of the Office of Education as a 75-lane 16-gil, Daegu Suwon-ro, 01:20, and was proceeding in the direction of the four-distance distance from the Daegu Bank.

Since a person driving a motor vehicle as his/her job has a crosswalk, in such a case, he/she has a duty of care to safely drive the motor vehicle, to reduce the speed and to ensure the right and the right of the driver, and to check whether there is a person driving the motor vehicle with the duty of care to safely drive it.

Nevertheless, due to negligence, 1) the victim C (Nam, 45 years old), 2)D (nive, 34 years old), 3) E (nive, 43 years old) was not discovered and the victim's right-hand bridge, 2) the victim's right-hand bridge, 3) the victim's left-hand bridge part was received.

After all, the defendant suffered injury to the victim in the above 1) of the above occupational negligence, which caused about 8 weeks of medical treatment to the victim, such as the right spathr fever, 2) an anti-spathrosis which requires approximately 2 weeks of medical treatment to the victim, and 3) an anti-spathr of the left spathr, which requires approximately 4 weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. The actual condition survey report;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) 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 Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The fact that multiple victims have caused a traffic accident at a crosswalk, the degree of injury to the victim C is serious, and the circumstances favorable to the fact that there have been favorable records of punishment for the same kind of crime: the fact that the error is recognized and against it;

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