beta
(영문) 대전지방법원 2013.08.08 2013고단2159

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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

On April 15, 2013, at around 05:10 on April 15, 2013, the Defendant driving a D taxi, and proceeding three lanes in front of the “SK Telecom” located in the Daejeon-dong Samsungdong, Daejeon, with three lanes from the direction of the Hongdo Intersection, at a speed of about 15km from the direction of the Hongdo Intersection.

At the time, a new wall is an intersection with a signal apparatus installed, and there is a crosswalk with a signal apparatus installed, so the person engaged in driving of the motor vehicle was obliged to safely drive the motor vehicle according to the traffic signal, so that the person engaged in driving of the motor vehicle can see the road well, and the person engaged in driving the motor vehicle has a duty of care to safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and did not confirm the fact that the signal was changed to the stop signal of the vehicle, but did not discover the victim E (W, 88 years old) who laid the crosswalk from the right side to the left side by negligence before the right side, and did not discover the above victim E (W, 88 years old).

As a result, the Defendant suffered injury to the victim, such as abandonment of the left-hand satisfy and satfying of the satisfy that require medical treatment for about 12 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report and diagnosis report;

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

1. Selection of alternative imprisonment without prison labor (the degree of negligence of the accused, and serious injury);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the best efforts to take relief measures, the fact that there has been an agreement with the victim, the serious reflectivity, joining a mutual aid association, etc.);