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(영문) 대구지방법원 경주지원 2014.12.24 2014고단502
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 who is engaged in driving a C low-est car.

On April 28, 2014, at around 19:20, the Defendant proceeded with the front crosswalk D at a speed of about 40 km of two lanes, from the room of the Western Culture Center to the room of the cross-city bus terminal.

At the same time, a crosswalk is installed on the front bank, and there is a pedestrian crossing. In such a case, a person engaged in driving service has the duty of care to check whether there is a person who gets on the way to reduce the speed and to check the front and the right and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the defendant neglected to do so and proceeded on the left side of the left side of the road and received the victim FF (the age of 68) who crosses the crosswalk from the left side of the road.

As a result, the Defendant caused the risk of life of the victim, such as damage to less than three months of less than the victim’s treatment due to the foregoing occupational negligence, such as damage to the victim’s dysium, blood species due to acute anti-fying, and the frame of the left-hand frame, etc., or caused an incurable disease.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning G;

1. Each statement of H and the accused;

1. Application of a traffic accident report, actual condition survey report, field photograph, statement of a person involved in the traffic accident (defendants), verification of the purchase of an automobile insurance policy, three medical certificates, and one medical statement (whether serious injury is caused) to each Act and subordinate statutes;

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. Where the basic area (special mitigation) (in April to October), basic area (special mitigation), no penalty is imposed, and serious injury occurs (type 1) of the suspended execution of sentence of Article 62 (1) of the Criminal Act;

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