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(영문) 대구지방법원 2020.06.10 2019고단4058
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 June 14, 2018, the Defendant was driving a BSS5 car around 07:0 on June 14, 2018 to drive it on the roads near Daegu Suwon-gu C, and was parked on the front side of the road.

In such cases, the defendant engaged in driving of a motor vehicle has a duty of care to safely proceed with the accident after checking whether there is a person, such as a pedestrian, etc., in the direction of proceeding, and to prevent the accident.

Nevertheless, the defendant neglected this and did not properly look at the direction of the proceeding, and did so with the victim D who was seated behind the passenger car of the defendant who was living alone.

As a result, the Defendant suffered from such occupational negligence that caused serious harm to the physical function of the victim, such as the complete cutting of the upper upper part of the upper part of the upper part of the 16-day area where treatment is required.

Summary of Evidence

1. Legal statement of witness D;

1. Statement of D police statement;

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

1. The application of the statute of limitations to opinions, medical certificates, and transitional records;

1. Article 3 (1) and the proviso to Article 4 (1) and Article 4 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 1] the injury (special person in charge) of traffic accident - the aggravated element: In the case of serious injury, [the scope of the recommended area and the recommended punishment] the increased area, 8 months to 2 years [the general person in charge] of imprisonment without prison labor, 8 months to 2 years (the general person in charge] of mitigation factors: subscription to the comprehensive motor vehicle insurance, and there is no history of criminal punishment [the grounds for suspension of execution] - The principal reason without criminal punishment - The principal reason for death or serious injury occurs or is significant due to escape.

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