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(영문) 대구지방법원 2018.07.25 2018고단2549
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 a MF6 car.

On April 12, 2018, the Defendant driven the above car at around 08:24, and driven the two-lane road in front of the D, which is located in Daegu Northern-gu C, by using about 56.5 km each hour at the seat of the clean apartment at the seat of the police box for burning the two-lane road in front of the D, Daegu North-gu, at the seat of the police box for burning the road.

There are 30 km points at the time of restriction, and crosswalks are installed on the front side, so a person engaged in driving of a motor vehicle has a duty of care to check whether there is a person who has the right to the front side and the right to the front side, and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded with the speed exceeding 20 km per hour, and received the victim E (the age of 22) who dried the crosswalk as the front part of the said car by negligence.

As a result, the Defendant suffered injury to the victim, such as cutting down or closing a string that requires approximately 13 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes by means of speed analysis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 3 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions indicated in the records, such as the victim's injury for the reason of sentencing under Article 62-2 of the Criminal Act, the degree of injury of the victim, the defendant's reflection, the defendant's agreement with the victim, the primary offender, the defendant's age, sexual conduct, environment, motive and circumstance after the crime, etc., shall be determined as ordered by the court.

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