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(영문) 대구지방법원 안동지원 2014.11.28 2014고단718

교통사고처리특례법위반

Text

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

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

At around 20:00 on June 30, 2014, the Defendant, who is engaged in driving of B Launa car, driven the said car and driven it along the two-lanes of the said road, which is the distance between the south Tri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si.

Since a road has a crosswalk and signal apparatus installed on the front side, it is confirmed whether a person engaged in the driving of a motor vehicle has a pedestrian by putting the front door on the road, and the defendant neglected his/her duty of care to drive the motor vehicle safely in accordance with the new subparagraph, while the defendant is negligent in driving it, he/she finds the victim C (55 years old) who has dried the crosswalk on the right side from the right side of the running direction to the right side of the road, and did not avoid it, and did not avoid it, he/she got the victim to go beyond the floor.

As a result, the Defendant suffered injury to the victim, such as the exposure of the right-hand trees, which requires approximately 10 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for the suspended sentence) [the scope of recommendation] of the general traffic accident [the grounds for the suspended sentence] that there is no basic area (4 to 10 months) of the first type of traffic accident (the injury caused by traffic accident] [the decision of sentencing] (the decision of sentencing] of the traffic accident caused by the Defendant’s traffic signal violation, damage recovery through the automobile comprehensive insurance is difficult, and the victim’s punishment is desired. In light of the fact that the victim’s punishment is desired, the Defendant’s liability cannot be deemed to be somewhat harsh.

In addition to the above unfavorable circumstances, the defendant's mistake.