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(영문) 대구지방법원 2018.12.13 2018고단4674

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On 14, 2018. 06:09, the Defendant driven the said A-to-pur-car with alcohol level of 0.144%, while driving the said A-to-pur-car, and driving the road in front of the crosswalk in Daegu Suwon-gu CD from the Home Plus, with the front signal, etc. in front of the crosswalk at the Home Plus, the Defendant passed the crosswalk along the crosswalk in an irregular speed in the direction of two separations from the Home Plus.

At that time, the front signal was the stop signal, and the crosswalk signal was a black, so the driver engaged in driving a motor vehicle has a duty of care to prevent the accident in advance by stopping the motor vehicle at a speed and driving the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected this and got the left-hand side of the bicycle driven by the victim E (67 ) who was standing a crosswalk in accordance with the pedestrian signals from the right-hand side of the running direction of the car in the mash-down by negligence in violation of the signal, and got the left-hand side of the bicycle driven by the above vehicle as the front-hand part of the car.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the opening of the right frame, which requires approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes to investigation reports (checks);

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) (the point of driving alcohol and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2(1) of the Criminal Act is the sentencing.