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(영문) 대구지방법원 2015.02.10 2014고단6321
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a CBS car.

On September 16, 2014, the Defendant driving the above vehicle at around 09:08, and proceeding three lanes prior to the “E” located in Daegu Suwon-gu D with the claim-distance outflow from the hydroene-distance flood.

On the two-lanes of the above road, the traffic lane was stopped and proceeded again.

Since there was a signal apparatus front of a crosswalk, there was a duty of care to check whether a pedestrian, etc. is passing the crosswalk by checking well the right and the right of the driver of the vehicle, and to safely drive the vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and neglected to proceed in violation of the signal and received the part on the left side of the bicycle driven by the victim F (the age 66) who was driving a bicycle on the left side from the right side of the running direction of the Defendant’s driving vehicle to the left side of the crosswalk pursuant to the pedestrian signals.

The Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as cutting the upper part of the upper part of the body, which requires treatment for about nine weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. A medical certificate (F);

1. Application of the Acts and subordinate statutes to the traffic accident occurrence report and the actual survey report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and order to attend a lecture [the scope of recommendation] general traffic accident area (one to six months) (including special mitigation persons), punishment and non-compensation (including serious efforts to recover from traffic accidents) [the decision of sentence] Defendant has the power of receiving a fine by causing a traffic accident in violation of the signal in 2012.

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