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(영문) 대구지방법원 경주지원 2018.06.20 2018고단225
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence 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 a Csch Rexton car.

On December 20, 2017, the Defendant driven the above car on December 20, 2017, and became to turn to the left at the speed of the Si-high speed of 3-lane 17-6, a 28-lane, a national housing-based, the 17-6-lane, a national housing-based, in order to turn to the left.

At the time, it was difficult to view a new wall time, and there was a crosswalk on which signal lights are installed at the front of that place, so it was confirmed whether a person engaged in driving of a motor vehicle is a person driving the motor vehicle to reduce the speed and to see well, and there was a duty of care to prevent accidents in advance by driving the motor vehicle safely in accordance with the traffic signals.

Nevertheless, the Defendant neglected this and proceeded to turn to the left even if he was a traffic signal for both directions, and found the way to the right side of the Defendant’s above car driving direction by using the crosswalk in accordance with the pedestrian signals, at the lower right side of the front side of the car driving direction by using the crosswalk in accordance with the pedestrian signals. However, in order to avoid this, the Defendant was able to find the victim D (I, 68 years old) late, but the Defendant was not faced with the Defendant’s driver’s vehicle and was able to receive the victim as the front side of the Defendant’s driver’s vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting down the foundation of the lower-class son in need of approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence status and a report on the actual survey;

1. One copy of investigation report (victim D) telephone communications, investigation report (verification of CCTVs for crime prevention in the vicinity of the accident site), CCTV photographs for crime prevention, and CCTV images;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.

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