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(영문) 대구지방법원 김천지원 2014.04.30 2014고단172
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 B 250cc.

At around 22:00 on November 21, 2013, the Defendant driven the above lebane on the front of the modern apartment located in the Dobong-si, Seoul, which led to the operation of the lebane into the ebsphere park from the ebsphere and the ebsphere.

At the front of the road, there is a private-distance intersection where traffic is controlled by signal lights, and there is a crosswalk where a pedestrian signal apparatus is installed before the intersection reaches the intersection, a person engaged in driving of a motorcycle has a duty of care to observe the signal and to safely drive the steering side and the steering gear by accurately manipulating the steering side and the steering gear.

Nevertheless, the defendant neglected the duty of Jeonju, and conflicted the victim C (the age of 42) who crosses the crosswalk from the right side of the course to the left side of the pedestrian signal with the pedestrian signal by negligence on duty in contravention of the signal.

The Defendant suffered injury, such as an open frame of the pelvis, accompanied by a pelvis, which requires approximately 16 weeks of medical treatment to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Investigation report (to hear statements by victim C telephone);

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] - Types 1 (Bodily Inflicting of Traffic Accidents) (Specially Involving of Traffic Accidents): Reduction element: Reduction element (including serious efforts to recover damage): Reduction range / Reduction range / Reduction range / one month or six months (General Involving Persons] - Relief Measure - Aggravation element after Accidents: Other special teaching characteristics.

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