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(영문) 대구지방법원 2014.08.21 2014고단1696

교통사고처리특례법위반

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 CM freight cars.

On October 23, 2013, at around 18:10, the Defendant, at around 18:10, proceeded with the crosswalk of a road, which is not under the traffic control at the entrance of one square meter, toward the side of the road.

Since a crosswalk is installed, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to see well the right and the right of the road, and to drive safely.

Nevertheless, the Defendant neglected this and did not properly check whether there is a person to walk the crosswalk, and without being negligent in the occupational negligence, followed by the Defendant’s fault, the victim D (W, 62 years old) who walked the crosswalk to the left side of the direction of the Defendant’s running.

Ultimately, the Defendant caused the victim to suffer from the above occupational negligence, such as the closure of the right-hand and the right-hand chill, which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. D's self-written statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Article 62(1) of the Criminal Act and there is no basic area (4 to 10 months) (the decision of sentence] [4 to 10 months] (the decision of sentence] The accident in this case occurred on the crosswalk, and the victim suffered serious injury, the defendant's liability for the crime is not minor.

However, the defendant is a primary offender, the mistake is divided and reflected, the driver's vehicle has been covered by the comprehensive motor vehicle insurance, the victim has deposited 4 million won in order to deposit it, and the age, character, character and environment of the defendant.