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(영문) 대전지방법원 2015.04.15 2015고단148

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 a Cgner car.

On December 3, 2013, the Defendant operated the above car on December 19:20, and continued to run the road in front of Samsungdong-dong Samsung-dong, Daejeon, with the direction of the front of the Samsungdong-dong-dong, from the red-do intersection.

There are crosswalks where signal lights are installed, so in such a case, there was a duty of care for the driver of the motor vehicle to safely drive the motor vehicle by observing the signal and checking whether there is a pedestrian in the crosswalk.

Nevertheless, the defendant neglected this and caused the victim D (the age of 69) who walked along the crosswalk according to the pedestrian signal by negligence in violation of the signal.

As a result, the Defendant suffered injury to the victim by occupational negligence during approximately 10 weeks to the right-hand pelvise, which requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

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

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 concerning Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

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