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(영문) 대전지방법원 2014.05.16 2014고단348

교통사고처리특례법위반

Text

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

However, 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 engaged in driving a gallon car.

On November 29, 2013, the Defendant driven the above car at around 08:00, and led to a two-lane road in front of the 104-dong, Seonam-dong, Daejeon to a two-lane in the front of the 104-dong, Sungnam-dong, Sungnam-dong, Daejeon to a two-lane in the front of the smart beauty apartment.

At that time, there was a disturbance to the pedestrian signal at the time when the crosswalk was installed, and therefore, there was a duty of care to check whether a person engaged in driving service is a pedestrian crossing who is crossing the crosswalk by reducing the speed of the right-way operation at the time of the right-way operation and by checking well the right-hand side, and to safely operate the crosswalk.

Nevertheless, the Defendant neglected this and caused the victim D (e.g., the age of 56) to cut off the crosswalk due to the negligence of bypassing the crosswalk as it is, and the victim got out of the road, as the part of the driver's seat of the said car, and let the victim go beyond the road, thereby causing about 12 weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. An accident inspector;

1. The actual condition survey report;

1. On-site photographs of traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration, comprehensive insurance coverage, details of partial crimes, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;