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(영문) 대구지방법원 2018.11.08 2018고단3690
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 CPCF.

On June 30, 2018, the Defendant driven the above vehicle at around 00:56, and led the road in front of the Daegu Suwon-ro 75-gil 16 Daegu Office of Education to the four-distance away from the fourth distance from the same elementary school.

At this time, the crosswalk is installed, and at night, the driver of the vehicle has a duty of care to reduce the speed of the driver of the vehicle, to see the road, and to safely drive the crosswalk by examining whether there is a person.

Nevertheless, as the Defendant neglected to do so and neglected to do so, the Defendant received the victim D (52 years) and the victim E (43 years) of the above crosswalk due to negligence.

Ultimately, the Defendant suffered, by such occupational negligence, the injury of the victim D, such as knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Reporting, etc. on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances: (a) agreement with the victims of reasons for sentencing under Article 62(1) of the Criminal Act; (b) the Defendant has no record of criminal punishment; and (c) other conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, sex, family relationship, and the circumstances before and after

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