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(영문) 대구지방법원 경주지원 2016.08.17 2016고단111

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in driving vehicle C.

On September 29, 2015, the Defendant was from around 10:52 on September 29, 2015, the first Do road in front of the elementary school in the entrance room at the entrance room at the entrance room at the front of the elementary school in the entrance room.

Since there is a road where a crosswalk is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking whether there is a pedestrian or not.

Nevertheless, the defendant neglected this and proceeded to the right side of the crosswalk from the left side by negligence, and the defendant conflict with the front side of the defendant's vehicle with the victim D (V, 73 years old)'s right side.

As a result, the Defendant suffered injury to the victim, such as a thring of less than 8 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, photographs of accidents, each diagnosis certificate, and photographs on face of accidents;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the sentence shall be determined as per the order within the scope of the sentencing criteria (the basic area: April to October of imprisonment without prison labor) in consideration of the fact that the defendant is led to confession and reflects, that the defendant has agreed with the injured party, that the defendant has a previous offense only once a fine has been imposed on him/her, etc.);