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(영문) 대구지방법원 2017.11.09 2017고단3875
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence 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 who is engaged in the operation of CVL125 Z.

On February 8, 2017, the Defendant driven the above Obaon on the 13:56th day of February, 2017, and proceeded with the four distance in front of the 26th day of the Gyeong-gu Northbuk-gu, Daegu, Seoul, with the view to the protection of civil sports fields from the sloped side of the west-gu.

At that time, the signal apparatus has been installed, so in such a case, the person engaged in the operation of the otoba has a duty of care to safely drive the oba in accordance with the signal apparatus's instructions and prevent the accident in advance.

Nevertheless, the Defendant neglected this and got the front side of the victim D(77 ) driving on the crosswalk, which had been driving on the crosswalk on the right side of the direction of the Defendant’s proceeding, by the negligence of proceeding red signals.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as salt, tensions, etc. in need of approximately 2 weeks of treatment, and the injury to the victim F (V, 72 years of age) of the same passenger, which requires approximately 4 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Reporting on the occurrence of a traffic accident;

1. A traffic accident report;

1. A response to each request for appraisal (in a situation where the green, etc. of pedestrian signals, etc. at the time of the accident was occupied, and the state of green lighting, etc. of pedestrian signals, etc. at the time of accident is presumed to be repeated periodically;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the scope of recommended punishment) are general traffic accidents.

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