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(영문) 대구지방법원 2016.10.06 2016고단2685
교통사고처리특례법위반
Text

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

except that 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 engaging in driving a rocketing car.

On December 17, 2015, the Defendant driving the above car at around 15:40 on December 17, 2015, and moving a public announcement and street intersection in the Daegu-gu New Cancer-dong, Daegu to the direction of the ptima ginseng distance from the new and underground streets.

On the crosswalk where signal lights are installed, the signal lights were stopped.

In such a case, there was a duty of care to check whether a person who gets on a crosswalk is a person in charge of driving a motor vehicle, and to safely drive the crosswalk by checking the right and the right and the right of the driver.

Nevertheless, the defendant neglected this and started immediately after the change of pedestrian signal to red, and caused the victim D (78 years old) who started crossing when the pedestrian signal to the right side from the left side of the defendant's moving direction and did not cut the crosswalk when the pedestrian signal to the right side was green, to go beyond the road.

Ultimately, the Defendant suffered injury to the victim, such as the 10-day Embrypt Embrypt, which requires approximately 10 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to practical survey reports, accident site photographs, and investigation reports (No. 14, 15, 20 on the evidence list);

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 286 of the Criminal

1. Determination as to the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. The gist of the assertion is that the Defendant, while a pedestrian signal is red, shocked the victim crossing the crosswalk and sent the instant traffic accident. Therefore, the Defendant did not violate the duty to protect pedestrians in the crosswalk as stipulated under Article 3(2)6 of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

Therefore, this case is a special act on traffic accident settlement.

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