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(영문) 대구지방법원 서부지원 2015.05.12 2015고단276

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year 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 1 ton cargo vehicles B.

On December 30, 2014, the Defendant driving the said motor vehicle as the business around 05:48 on December 30, 2014, and made the intersection of the non-permanent intersection to turn to the left at approximately 20 km per hour from the west-gu Seoncheon-ro, Seocheon-gu.

The location had a duty of care to safely proceed in accordance with the new subparagraph as a person engaged in driving along a four-distance intersection where traffic is controlled.

Nevertheless, the defendant neglected this and led the left turn to the left at the right edge of the cargo vehicle of the defendant in the direction of the traffic vehicle of the defendant, led the hand room to the right side from the left edge of the cargo vehicle of the defendant, taken the hand room of the victim C (the age of 71) crossing the crosswalk into the front seat of the cargo vehicle, and went beyond the pedestrian due to the shock.

After all, the Defendant suffered from the above occupational negligence for about 12 weeks the need for medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning Handling of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act (Selection of Depository Punishment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, agreed fact, and subscription to a comprehensive insurance);

1. Order to attend lectures under Article 62-2 of the Criminal Act;