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(영문) 대구지방법원 포항지원 2018.11.08 2018고단652

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 a vehicle with C low Pest another car.

On March 21, 2018, the Defendant driven the above car at around 18:40 on March 21, 2018, and turned off the road of three-lanes in front of the brust distance in front of the north-dong in lieu of the north-dong at the port of port along the direction of the width from the brupt apartment bank to the crupting surface of the land.

At all times, traffic signals, etc. have been installed to make a bypassing vehicle and when a bypassing vehicle had a bypassing vehicle, so in such a case, there was a duty of care to safely drive the vehicle, such as reducing speed and checking the right and the right of the vehicle driver, and checking whether there is a person to walk the bypassing vehicle and build the crosswalk in accordance with the new code.

Nevertheless, the Defendant neglected this and neglected to take part in the right side of the vehicle of the Defendant, and instead neglected to take part in the victim D (the age 61) crossing the crosswalk from the right side of the Defendant’s vehicle to the left side of the crosswalk to the left side of the crosswalk under the pedestrian signals, which was the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury, such as a slive slive slive slive slive slive slive slives, etc., from the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Application of statutes on site photographs and diagnostic certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 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 the alternative imprisonment without prison labor (in the event of a bypassing a person who has dried the crosswalk in accordance with normal signals while in violation of signal, considering the fact that the negligence of the defendant who has shocked the victim is not less than that of the victim, and the result therefrom, of the serious injury inflicted on the victim, etc.);

1. Article 62(1) of the Criminal Act on the suspension of execution (the second half shall be the defendant by mutual consent between the victim and the victim at the latest.