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(영문) 대구지방법원 2013.04.11 2013고단1500
교통사고처리특례법위반
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Crand buses.

On January 17, 2013, the Defendant driven the above bus at around 06:40, and led to the turn to the left from the eastbridge to the front intersection of Taecheon-gu Eup/Myeon.

The location is an intersection with a signal apparatus installed, and therefore, in such a case, the person engaged in driving a motor vehicle has a duty of care to reduce the speed of the motor vehicle and to safely drive the motor vehicle in accordance with the signals by checking well the right and the right and the right of the motor vehicle and to prevent the accident.

Nevertheless, the defendant neglected this and neglected to turn to the left in violation of the signal, brought about the right edge of the victim D (n'e, 45 years old) who has a crosswalk on the right side of the defendant's running direction to the right side according to the pedestrian signals, with the bus front wheels of the defendant.

As a result, the Defendant suffered from the injury of the victim, such as cutting down or closing down, which requires a strict treatment for about five weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A traffic accident report;

1. The actual condition survey report;

1. The time limit for a signal system of the strong wind distance;

1. A medical certificate;

1. Each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 62 (1) of the Criminal Act;

1. Although the defendant's responsibility for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is one of the reasons for sentencing, it is ordered as ordered in consideration of all the normal data shown in the trial process, such as the fact that the defendant's serious reflectiveness, the vehicle is insured by the Financial Cooperative, the defendant has no particular criminal record since 2006, the criminal defendant has been punished once a fine for the same kind of criminal record, and the defendant's age and occupation.

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