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(영문) 대구지방법원 김천지원 2017.11.29 2017고단921
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 of Cuba in the Republic of Korea.

On February 18, 2017, the Defendant driven the above van on the 19:50 on February 18, 2017, while driving the Mat in the direction of Kimcheon-si D toward Kimcheon Medical Center, while driving the Mat in the front of the Mat to the direction of the custody market.

Since there is a pedestrian crossing installed immediately after the right of the right of the right of the right of the passage, in such a case, there was a duty of care to confirm whether a person engaged in driving service is a person to walk the crosswalk by reducing the speed and by properly examining the right of the right of the right of the right of the road.

Nevertheless, the Defendant neglected this and neglected to take part in the right side of the victim F(71) who is standing a crosswalk from the right side of the Defendant’s proceeding direction to the left side, and received the front side of the victim F(71) who was standing a crosswalk from the right side of the Defendant’s proceeding.

As a result, the Defendant suffered from the above occupational negligence to the left-hand lele of the 10 weeks of treatment, which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A report on the occurrence of a traffic accident, on-site photographs, a statement on the occurrence of a traffic accident, and a actual survey report;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a medical certificate);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] of the Act on the Punishment of Traffic Accidents in Article 62(1) [the grounds for sentencing [the scope of the recommended punishment] (one month to eight months), the mitigated area (including special mitigated persons] [the sentence], and the unfavorable circumstances (including efforts to recover from damage] [the sentence] - the illegality as an accident caused by a violation of the duty to protect pedestrians in the crosswalks is serious, the result of the injury suffered by the victim is significant, the vehicle of the defendant's driver is admitted to liability insurance, and the favorable circumstances are favorable: the defendant's mistake.

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