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(영문) 대구지방법원 2013.05.24 2013고단617
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On December 9, 2012, the Defendant driven the above car at around 04:00, and proceeded with the front road of the Maduk-dong 2005-5, Daegu-gu, Daegu-gu, with the view to the view to the protection of the ludle distance from the ludle distance.

Since there is a crosswalk where a signal, etc. is installed, in such cases, a person engaged in driving service of the automatic driver has a duty of care to safely drive according to the front line and the right and the right and the right and the right and the right and the right are well.

Nevertheless, the Defendant neglected this and proceeded with a stop signal while disregarding the stop signal as it is, the Defendant considered that green light turn on the pedestrian signal, etc. inside the crosswalk, and received the victim D (50 years old) who walked a road going beyond the crosswalk from the right side of the running direction of the said car to the left side of the crosswalk.

Ultimately, the Defendant suffered injury to the victim, such as double alleys, which require approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A scene of an accident and photograph of an accident vehicle;

1. Application of Acts and subordinate statutes to an investigation report (verification of victim's sick age, etc.);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant’s relatively serious injury on the part of the victim due to traffic accidents in violation of signal, which did not reach an agreement; (b) the fact that the Defendant’s failure to reach an agreement was divided and reflected; (c) the vehicle is covered by a comprehensive insurance; (d) the Defendant paid or deposited a certain amount for the victim; (c) the minor is a minor; (d) the Defendant’s character, conduct, environment

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