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(영문) 대구지방법원 2014.03.13 2013고단4614
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 service of XG car volume by borrowing B.

On June 15, 2013, the Defendant driven the above vehicle at around 01:50 on June 15, 2013, and led the front of the East-gu Busan metropolitan-dong to proceed from the opposite side of the pedestrian crossing to the opposite side.

At the time, there is a yellow report where signal lights are installed at night and at the front of the night, so it is necessary to confirm whether a person engaged in driving service is a person to reduce speed and to see well the right and the right and the right and the right and the right and the duty of care to prevent accidents in advance by driving safely according to traffic signal.

Nevertheless, the defendant neglected this and entered the traffic signal atmosphere to the right side of the damaged road, and re-enters the roadway in the vicinity of the crosswalk.

On the left side of the crosswalk, the driver did not avoid the C (28 years of age) crossing the right side of the crosswalk, and had the victim go beyond the ground by having the upper part of the victim go on the right side of the defendant.

After all, the Defendant suffered from the 5th inverte invertebro, which requires approximately eight weeks of medical treatment to the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

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

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

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

1. In light of the reasoning of sentencing under Article 62-2 of the Social Service Order Criminal Act and the fact that the victim suffered serious injury due to the instant accident, and was unable to agree with the victim, the Defendant’s liability is unlimited, the Defendant reflects the crime, the Defendant’s driver’s vehicle is insured by the comprehensive motor vehicle insurance, and the same criminal record is suspended of execution.

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