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(영문) 대구지방법원 김천지원 2016.11.09 2016고단1109

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six 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

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On June 10, 2016, the Defendant driven the above cargo vehicle around 15:30 on June 10, 2016, and continued the front crosswalk D, which is located in the Gu-U.S. City, with the shape of 4 main mallebs.

At the time, there is a crosswalk where a signal, etc. is installed, and the victim E (the age of 61) was left on the right side of the above crosswalk in accordance with the pedestrian signal, and thus, there was a duty of care to safely drive the above crosswalk in accordance with the new code.

Nevertheless, the Defendant neglected this and received the parts of the victim's body as the part of the above cargo vehicle due to the negligence of proceeding the vehicle stop signal as it is.

Ultimately, the Defendant caused the victim to suffer injury by occupational negligence, such as cutting down dynasium abandonment, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual survey report and on-site photographs;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to report on investigation (on-site inspection and traffic signal violations of the suspected vehicle);

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the illegality in the basic area (including serious efforts to recover damage) of the type 1 (the injury caused by traffic accidents) (the fourth to the year) of general traffic accidents is serious in the sentencing guidelines (the scope of recommendations) / Cases where the illegality in the proviso (excluding subparagraph 8) of Article 3 (2) of the Specialized School Act is serious;

2. A person who drives an automobile in violation of a sentence decision defendant's signal;

A pedestrian crossing is shocked to the victim, and the degree of injury suffered by the victim is not less than that of the victim.

(b).