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(영문) 대구지방법원 경주지원 2016.04.28 2015고단1072

교통사고처리특례법위반

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 motor vehicle by borrowing B.

On October 22, 2015, the Defendant moved the crosswalk in front of a high speed terminal in the 19:55 Sim-si, from the direction of the Seodaemun-gu to the two-lane direction in the direction of the west-gu.

Since there is a signal light and crosswalk installed, in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code and to prevent any traffic accident.

Nevertheless, the Defendant neglected this and went against the signal signal while crossing the above vehicle to the right side of the crosswalk from the left side of the direction of the proceeding to the right side in accordance with the pedestrian signals by negligence, which led to the Defendant’s failure to go against the signal signal C.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a traffic accident report, actual condition investigation report, on-site photographs, photographs, and investigation report (including the submission, etc. of diagnostic reports with respect to CCTV data for methods);

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 of the Act on the Suspension of Execution, however, the degree of injury suffered by the victim is less than that of the victim, the defendant is pening his mistake in depth, the comprehensive motor vehicle insurance is covered by the victim, and the victim also agrees with the victim; Article 62 (1) of the victim's wife; Article 62