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(영문) 대구지방법원 2015.10.08 2015고단2511

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 a CDap Motor Vehicle.

On May 4, 2015, the Defendant driven the said car at around 09:50, and continued one lane from the five-lanes in front of the 2077 modern department stores at the front of the 2077 modern department stores at the end of the half-month distance.

Since there is a cross-section where signal lights are installed, there was a duty of care to safely drive a person engaged in driving service in accordance with the signals.

Nevertheless, the Defendant neglected this and got the left-hand side of the victim D (year 71) driving on the left-hand side of the crosswalk according to the pedestrian signal by negligence in violation of the signal.

Ultimately, the Defendant suffered injury to the victim, such as the escape of the left-hand flag, which requires approximately 14 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. CCTV video recording CDs;

1. Application of the Acts and subordinate statutes to the report on the occurrence of traffic accidents and the actual survey report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Traffic Accidents Type 1 [Special Mitigation] (Article 1-6) and the mitigated area (Article 1-6) [Article 1 of the Act on the Punishment, etc. of Traffic Accidents] [Article 62-2(1) of the Act on the Punishment, etc. [Article 62-2(1)] [Article 59 of the Act] [Article 62 of the Act on the Punishment, etc. of Traffic Accidents] [Article 1-6] of the mitigated area (Article 2 of the Act on the Punishment, etc. of Traffic Accidents] [Article 1-2 of the Act on the Punishment, etc.] [Article 1-1 of the