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(영문) 대구지방법원 2017.08.10 2017고단1971

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a BMW car.

On February 9, 2017, the Defendant driven the said car at around 19:57, and proceeded with the five-lane road in front of the Han Bank, which is located in the Daegu Suwon-gu Franchising Zone, in the direction of the waterside.

On the other hand, there is a crosswalk where signal lights are installed, so in such a case, there was a duty of care to maintain the signal for the driver of the vehicle and to safely drive the crosswalk by checking well whether there is a person to walk the crosswalk by keeping the signal well and by checking well the right and the right of the front.

Nevertheless, the defendant neglected this and found the victim C (at the age of 24) who dried the crosswalk from the left side of the direction of the defendant's proceeding to the right side by the negligence of entering the crosswalk in violation of the signal signal, and the defendant did not avoid it, and the victim was placed in front of the right side of the driver's car.

Defendant 1 suffered approximately 12 weeks of treatment by occupational negligence as well as the closure frame of the following.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of Acts and subordinate statutes to survey reports on actual conditions and photographs of accidents;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, 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 criminal facts;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] of the grounds for sentencing under Article 62(1) of the Criminal Act [the grounds for sentencing] of the Act on the Suspension of Execution [the scope of recommendation] of the basic area (4th to 1 year) of traffic accidents (including special mitigation (special mitigation)] [the person who is not subject to punishment (including serious efforts to recover damage)] / Cases where illegality in the proviso (excluding subparagraph 8) of Article 3(2) of the Act on the Special Cases of the Union is serious, or cases of bad driving (the decision of sentence] of the following circumstances and the defendant's age, sex, family relation, family relation.