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(영문) 대구지방법원 서부지원 2014.12.19 2014고단1243

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years 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 motor vehicle B.

On March 12, 2014, the Defendant driven the above car on March 21, 2014, and led D's front crosswalk C in Daegu City, Seogu, to drive the said car at an irregular speed in the direction of the e-mail.

At the time, since it was night and rained, the driver of a motor vehicle had a duty of care to safely drive the motor vehicle by checking whether it was possible to reduce speed in the crosswalk and there is no pedestrian.

그러나 피고인은 이를 게을리 한 채 만연히 진행한 과실로, 때마침 횡단보도를 건너가던 피해자 E(E, 여, 24세)의 몸통을 피고인 운전 승용차의 앞부분으로 들이받고, 그 충격으로 피해자가 튕겨져 나가 반대편 도로를 진행 중이던 F 쏘나타 택시 앞범퍼 부분에 또다시 부딪히게 하였다.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the removal of body ducts on the left-hand body, which requires approximately seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report;

1. The actual condition survey report;

1. A Mebbboxe photo of a taxi fluore video fluor;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the fact that the defendant has led to a crime and is against himself/herself, the primary offender, the fact that he/she subscribed to liability insurance, the fact that he/she is endeavoring to reimburse the medical expenses of the victim, some of the money deposited by the victim, and

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;