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(영문) 대구지방법원 2016.01.19 2013고단6430

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving GTS 124cc.

On September 15, 2013, the Defendant, at around 11:10, driven the above Obama and proceeded ahead of the retirement distance from the Daegu Lone Star to the Gyeongsan-do, by driving the above Obama, and driving the three-lane streets from the Daegu Lone Star. The Defendant proceeded with the difference between six-lanes and five-lanes in the signal waiting, respectively.

Since there is a crosswalk in which a signal, etc. is installed, a person engaged in driving service has a duty of care to check whether there is a person who gets involved in driving service by reducing speed and by properly examining the right and the right and the right of the road, and to safely drive the road in accordance with the new subparagraph.

Nevertheless, the defendant neglected this and did not discover the victim C (53 ) who walkes the crosswalk on the right side in accordance with the pedestrian's signals due to the negligence of proceeding with the red signals, and did not discover the victim C (53 ) who walkes the crosswalk on the right side, and had the victim go beyond the road with the front wheels part of the victim's right side.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the denial of the inside side, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement protocol with regard to C by the police;

1. A medical certificate;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to the investigation report (the contents of a wooden currency);

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, proviso of Article 3(2)1 and 6 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor is that the defendant was the victim who dried the crosswalk according to the pedestrian's new location, and the victim suffered considerable injury, and that the defendant's driver's license insurance is only covered by the liability insurance, and thus, the defendant cannot give sufficient compensation to the victim.