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(영문) 대구지방법원 2020.06.25 2020고단1168
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in driving a BM5 car.

On September 13, 2019, the Defendant driven the above car at around 12:09, and driven the road of four-lanes in front of Daegu Suwon-gu C along the direction of yellow nomenclature in the direction of yellow nomenclature.

In this case, a driver of a motor vehicle is not driving a motor vehicle, and there was a duty of care to prevent the malfunction of the motor vehicle by accurately operating the steering and brakes, and by accurately operating the steering and brakes.

Nevertheless, the Defendant d(71) and E(47) of the victim d(71) and the victim d(77 years old) who walked on the front side of the same direction due to negligence in which he was unable to accurately operate the steering direction and operation devices while driving a stroke, and caused the Defendant to go beyond the news report.

The Defendant suffered from the injury of the victim D, such as 'explosion, sacrine, sacrine, and sacrine sacrine,' which requires approximately 6 weeks of medical treatment from the above occupational negligence, and 'NOS', which require approximately 9 weeks of medical treatment from the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of traffic accident reports, accident site photographs, and medical certificates to Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to 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. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] Traffic Accidents in general traffic accidents [Type 1] The area of mitigation of traffic accidents, and factors of mitigation of imprisonment without prison labor for one month to eight months: The crime in this case [Pronouncement Decision] was inflicted on the victims who have driven a news report by a defendant, and suffered injury by the defendant's negligence and suffered injury by the victims.

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