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(영문) 대구지방법원 서부지원 2015.04.09 2015고단173
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 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 tea B.

On December 27, 2014, the Defendant driven the said vehicle as a business of 13:50 on December 27, 2014, and operated the D cafeteria in front of the D cafeteria located in Daegu Seo-gu, into one lane among the 1-lanes of KTwest Daegu Branch located in the 1-dong office located in the city of Do, and made the left turn to the right-hand turn outside the central line.

Since there is a place in which a crosswalk is installed, in such a case, there was a duty of care to check whether there is a person who temporarily stops, reduces speed, and well sees the right and the right of the road, and to prevent the occurrence of an accident by driving safely.

Nevertheless, the defendant neglected to turn to the left without being negligent, and caused the female to go beyond the floor of the victim E (V, 55 years old) who crosses a crosswalk without signal lights to the right side of KTwest Daegu Branch, the left side of the D cafeteria which is the right side of the defendant's proceeding direction.

Ultimately, the Defendant suffered approximately 10 weeks of medical treatment from the above occupational negligence at the bottom of the galbbbal bones, which requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A traffic accident report, a actual condition survey report, on-site photographs, etc.;

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

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 268 of the Criminal

1. The reason for the suspended sentence of Article 62(1) of the Criminal Act (hereinafter referred to as "the most favorable reason for sentencing") was the victim's serious injury due to the traffic accident in this case, but the defendant recognized his own negligence and reflected his fault, the victim was not subject to the punishment of the defendant by mutual consent with the victim, and other defendants.

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