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(영문) 대구지방법원 의성지원 2020.05.07 2020고단63
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

except that 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 gallon II.

At around 13:28 on January 25, 2020, the Defendant driven the above van and proceeded at a speed of 60 km from the Sin-Eup to the Sin-ri speed of 1265 square meters in the upper village of the Sung-gun, Sung-gun, Sung-do.

Since there is a distance from which a signal, etc. is installed, the driver has a duty of care to safely drive the driver according to the signals by reducing the speed and by properly examining the right and the right of the driver.

Nevertheless, the Defendant neglected this and neglected to turn to the left at the right side of the gallon knife, which was driven by the victim C (I, 33 years old) who was driven by the victim C (I,) who was driven by the gallon knife in accordance with the new code from the gallon gals of the above gallon knife in the middle of the above gallon knife.

As a result, the Defendant suffered, by its occupational negligence, the injury to the victim C, such as salt, tension, etc. of the bones of neck, which requires medical treatment for about three weeks, and the injury to the victim E (the aged 42) who was on board the Kanan Kanan of Ireland, for about four weeks of medical treatment, the injury to the victim F (the aged 6), and the victim F (the aged 4) in detail requiring medical treatment for about three weeks of unknown WIGs, and the injury to the victim F (the aged 1), for about three weeks of the boundary requiring medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as a de facto survey report, accident site photograph, each medical certificate, CCTV image closure photograph, etc.;

1. Article 3 (1) and the proviso to Article 3 (2) 1 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. The grounds for sentencing under Article 62(1) of the Criminal Act are the defendant's reflectivity and depression.

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