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(영문) 대구지방법원 서부지원 2020.06.03 2019고단3089
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of two-wheeled Motor Vehicle B. MIMGE.

On September 25, 2019, the Defendant driven the above two-wheeled vehicle on September 18:4, 2019, and led the two-lanes of the two-lanes of the national highways No. 30 in front of the Dosung-gun, Gyeong-gun, Gyeong-gun, Gyeongju-gun, to the opposite direction from Daegu.

At this point, there is a crosswalk with signal lights, so the driver has a duty of care to check whether or not there is a person to build the crosswalk well by checking the right and the right and the right, and to drive safely according to the new code.

Nevertheless, the Defendant neglected to do so and was negligent in driving the vehicle in violation of the stop signal as it is, and the Defendant got the front part of the two-wheeled vehicle of the Defendant, which was placed on the right side of the victim C(W, 31 years old) who dried the crosswalk in accordance with the pedestrian signals, from the left side of the direction of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as “a fluor’s charnel,” which requires approximately 14 weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

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

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, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for an offense;

1. Article 62 (1) of the Criminal Act (including the cases of penance and the cases of agreement with the victim, etc.);

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