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(영문) 대구지방법원 2015.01.06 2014고단3494
교통사고처리특례법위반
Text

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

except that 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 CNEW EF rocketing or other car.

On January 23, 2014, at around 18:21, the Defendant proceeded at approximately 40km in speed from the tri-ri side to the direction direction large distance, along with one lane from the tri-ri side of the E-ray, in front of the E-ray in Daegu-gu D.

Since there is a crosswalk in which a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right of the road, and to prevent the accident in advance by driving safely in accordance with the new subparagraph.

Nevertheless, the defendant neglected this and found the victim F who cross the front side of the crosswalk from the right side to the left side of the road according to the pedestrian signal by negligence, disregarding that the vehicle signal is changed to the stop signal, and by negligence going beyond the front side of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as cutting the foundation of the Gan-Jin-Jin-Jin in need of approximately 10 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement made to F and G by the police;

1. A traffic accident report and a traffic accident report, actual condition investigation report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on accident site photographs;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Punishment of Traffic Accidents is serious (Article 3(2) of the Act on Special Cases concerning the Punishment of Traffic Accidents (Article 62(1) (Article 62(1) of the Act on Special Cases concerning the Punishment of Traffic Accidents (Article 62(1) (Article 62(1) of the Act on the Suspension of Execution (Article 3(2) (Article 3(1)

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