logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2013.10.31 2013고단4350
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 of B Poter cargo vehicles.

On June 22, 2013, around 01:15, the Defendant turned the road in 13-21, Daegu Jung-gu, Daegu, into the intersection of water from the direction of Samduk-gu to the intersection of the five-lane road.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to safely drive the person engaged in driving service in accordance with the signals by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected to do so and was negligent in leaving the red signal, which is the stop signal, and caused the Defendant to have the right side of the victim C (37 years old) crossing the crosswalk green signal, from the left side of the direction of the Defendant’s course, to the right side of the crosswalk green signal.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on occurrence and a report on actual condition investigation;

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), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

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

1. Although it is necessary to strictly punish a defendant in light of the fact that the defendant suffered serious injury by violating the signal signal of the defendant under Article 62-2 of the Criminal Act, and that the victim did not reach an agreement with the victim, a certain amount of money shall be deposited for the victim, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, the defendant has no criminal record of suspended execution or more, the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.

arrow