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(영문) 대구지방법원 2015.01.21 2014고정2430
교통사고처리특례법위반
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who drives a D car.

Around 22:50 on August 2, 2014, the Defendant, while driving the said vehicle, has a duty of care to proceed in accordance with the new subparagraph, since the Defendant is a crosswalk where traffic control is performed in driving the way ahead of the power resource shotbomb, 97 pulp, Taesung-gu, Daegu, Singu, and driving the said vehicle from the inside of the Dong market to the efficial distance.

Nevertheless, the Defendant neglected the above duty of care and did not discover the victim E (the age of 14) to the right side on the left side of the crosswalk due to the negligence in violation of and proceeding with the above duty of care and did not find out the victim E (the age of 14) and conflict with the front side of the above vehicle, thereby having the above victim suffered approximately eight days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident, on-site photographs;

1. Certificates and medical certificates of G production, and general medical certificates of H preparation, and reports on emergency department staff in an emergency room;

1. A reply to inquiries by the I member;

1. Application of Acts and subordinate statutes to a written agreement;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of fines;

1. Penalty fine of 500,000 won to be suspended of sentence;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Determination as to the assertion by the defendant and his defense counsel under Article 59(1) of the Criminal Act (i.e., the first offender with no criminal records; the victim's injury is not serious; and the agreement with the victim) of the suspended sentence

1. The essential point of the argument is that the victim did not suffer an injury due to a traffic accident, or that the victim suffered an injury is extremely minor and does not constitute an injury under the Criminal Act.

2. The following facts found by the evidence duly adopted and examined by this Court:

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