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(영문) 대구지방법원 2019.05.30 2019고단1724
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

The defendant is a person who is engaged in driving a Bchip car.

On January 29, 2019, the Defendant driven the said car at around 10:20, and led the Daegu Suwon-gu C to make the right-hand of the road from the new square to the D elementary school.

Since there was an intersection where a crosswalk is installed, a person engaged in driving of a motor vehicle has a duty of care to check whether there is a pedestrian crossing using a crosswalk to reduce the speed and to check the right and the right and the right of the road well.

Nevertheless, the defendant neglected this and did not find the victim E (the age of 65) who was crossing the right on the left side by using the closed crosswalk, and did not find the victim E (the age of 65) and proceeded as it is, the defendant's body part was shocked to the right side of the victim's body.

Ultimately, the Defendant suffered from an injury to the victim, such as brain injury, which requires eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes concerning investigation reports (referring to attachment of a medical certificate);

1. Article 3 (1) and the proviso to Article 3 (2) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation Form] - Basic Field (In four to one year) of Traffic Accidents (In the case of traffic accident) - The incident in this case is serious for the defendant's negligence, the degree of injury to the victim is not less than that of the victim, the degree of injury to the victim is not less than that of the victim, the circumstance that the victim did not reach an agreement with the victim is recognized and contradictory to the victim - The circumstance that the vehicle is covered by the comprehensive insurance, the primary fact that the vehicle is covered by the marine accident - The defendant's age, character and behavior, environment, family relationship, and crime.

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