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(영문) 대구지방법원 2017.02.09 2016고단4930
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 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 driving of a car in C SP area.

On September 21, 2016, the Defendant driven the said car at around 19:15, and led the Defendant to drive the said car at approximately 60 km each hour at the speed of about 30 km from the fourth distance from the side of the ditch in Daegu-gu, the front of the restaurant.

Since the place is a crosswalk in which traffic is controlled by signal apparatus, the person engaged in the driving of the motor vehicle had a duty of care to prevent the accident while driving the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and caused the victim F (the 35 years old) who walked on the crosswalk in accordance with normal pedestrian signals by negligence in violation of the red and left turn signals while neglecting it, and caused the above car to the front spread and this net.

As a result, the Defendant suffered injury to the victim, such as the cutting of alleys, the cutting of alleys that require approximately 12 weeks of medical treatment, and the cutting of a fladders, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and F;

1. On-site photographs of the accident site and photographs of the harming vehicles;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture [the scope of the recommended sentence] The case where the illegality in the category 1 (the injury of a traffic accident) (the person subject to a special aggravated punishment) is serious, or the case of a bomb driving (except subparagraph 8) in the proviso of Article 3(2) (proviso) of the Act on the Aggravated Punishment of Traffic Accidents (the case of a sentence] - the case of a bomb driving (the decision of a sentence): The defendant caused a traffic accident that causes the injury of the victim who is serious, the victim wishes to punish the defendant, and the case is favorable.

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