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(영문) 대구지방법원 김천지원 2020.01.16 2019고단1343
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 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 of B Poter Cargo Vehicles.

On September 10, 2019, the Defendant driven the above cargo vehicle around 19:05, and moved the D-ri-distance intersection in front of Kimcheon-si, Kimcheon-si, bypassing the intersection from the E-mail to the new air hives.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who renders a way to reduce the speed and to see well the right and the right and the right and the right of the road, and to safely drive the road.

Nevertheless, the Defendant neglected this and got the Victim F (77 years old), which was a victim of the crosswalk, who was standing the crosswalk as it was due to negligence, in front of the said cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as cutting the foundation of the floor from the upper right side in need of approximately nine weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Reports on the occurrence of a traffic accident, photographs at the scene of the accident, actual condition survey report, investigation report (with respect to the attachment ofCCTV images), video photographs;

1. Application of Acts and subordinate statutes to an investigation report (as to the attachment of a medical statement and a medical certificate);

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

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

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

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

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range], basic area, April through one year without prison labor.

3. The fact that the degree of injury of the victim who has been sentenced to the sentence is serious, the fact that the victim has not received the letter from the victim is not sentenced to the penalty exceeding the fine, and the number of running cars of the defendant is running.

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