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(영문) 대구지방법원 2015.01.15 2014고단4774
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

On August 29, 2014, at around 02:20 on August 29, 2014, the Defendant driven a vehicle of C NewSM5 car and operated the front crosswalk in Daegu Suwon-gu as a children's hall on a two-way side.

At the time, a crosswalk is installed at night and without signal lights in the front door, so in such cases, the driver of the vehicle has a duty of care to check whether there is a pedestrian who gets on the crosswalk by reducing the speed and by checking well the right and the right and the right and the right and the right of the pedestrian.

Nevertheless, the Defendant did not see the Victim F (36 years of age) and the Victim G (35 years of age) who walked along the crosswalk due to negligence of operating the crosswalk as it is, while neglecting this, and the front part of the Defendant’s driver’s vehicle was the front part of the Victim F and the Victim G.

Ultimately, the Defendant suffered injury to the Victim F by occupational negligence in light of the fact that the victim F was in need of approximately 8 weeks of medical treatment, such as cutting the left-hand fat abandonment, and injury to the victim G, such as catum salt, tension, etc. requiring approximately 2 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

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 each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning facts constituting an offense

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and to attend a compliance driving lecture [the scope of recommendations] and there is no basic area (4 to 10 months) of the first type of traffic accident (the injury caused by traffic accident) [the sentence] [the decision of sentence] Defendant violated the duty to protect pedestrians in the crosswalk and caused the instant accident in light of the fact that the victims suffered serious injury, but the Defendant's mistake.

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