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(영문) 대구지방법원 2017.11.23 2017고단5630
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 engaging in driving a vehicle BM 518.

On August 1, 2017, the Defendant driven the above car at around 17:50, and proceeded with the road of the 173-lane in front of the branch office of the National Bank Daebong-dong, Jung-gu, Jung-gu, Daegu-gu, as the name of the defendant.

On the other hand, crosswalks are installed at the front, so in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle has a way to see well the right and the right of the front and right and the right and the right of the motor vehicle, and drive

Nevertheless, the defendant neglected this and did not find out the victim C (the 73 years old) who was standing a crosswalk from the right side of the defendant's running direction to the left side by the negligence of entering the crosswalk, and did not get the victim to go beyond the floor of the defendant's driving car.

Ultimately, the Defendant suffered approximately 10 weeks of treatment due to the above occupational negligence from L1’s closed frames during the need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes 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 Criminal Act of the suspended sentence [the scope of recommended punishment] (1) of the mitigation area (1 to 8 months) of the mitigated area (1) [the person subject to special mitigation] of punishment (including efforts to recover damage] - The disadvantageous circumstances: the result of injury suffered by the victim is considerably significant - the favorable circumstances: the defendant separately agrees with the victim, other than the vehicle of the defendant being covered by a comprehensive insurance, that the injured person desires to have his wife against the defendant; there has been no previous conviction for the last ten years or more; and the crime is against the victim.

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