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(영문) 대구지방법원 포항지원 2019.05.15 2019고단318
교통사고처리특례법위반(치상)
Text

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

except that 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 a B-hand vehicle.

On January 11, 2019, at around 19:05, the Defendant turned down the front road of the north-gu Seoul at a speed of about 40 kilometers per hour from the direction of the Cheongdo in the direction of the Cheongdo in the direction of the port.

At night, the above place was installed by the center line of the crosswalk and the yellow-line, so there was a duty of care to prevent traffic accidents by properly operating the steering system and operating the steering system and the steering system.

Nevertheless, the defendant neglected this and got the body part of the victim D (year 61) who crosses the road to the port to the right side of the defendant's course due to the negligence in the course of the duty that gets over the center line to the right side of the defendant's course.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the victim, such as an external propoppya, which requires approximately six weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A medical certificate;

1. A report on the occurrence of a traffic accident, site photograph and the actual condition of a traffic accident;

1. Application of Acts and subordinate statutes to a criminal report (Attachment to distressed images, etc.) - CD attachment, investigation report (to hear F's telephone statement statement, the wife of the victim);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] general traffic accidents in general shall be considered as follows: (a) the mitigation area (one to half months) [special mitigation] in the mitigated area (the decision of sentence] in consideration of the injury suffered by the victim (the decision of sentence] in unfavorable circumstances; (b) the defendant's mistake is recognized; (c) the defendant is the primary offender; and (d) circumstances favorable to the agreement with the victim.

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