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(영문) 대구지방법원 2016.03.24 2015고단6224
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 Bone Star Co., Ltd.

On August 17, 2015, the Defendant moved back the front of the new Nannam-gu Nannam-dong, Daegu-dong, Nannam-dong, Nannam-gu, Nannam-dong, to the direction of the door market room from the direction of the direction of the door market.

In such cases, since the driver of a vehicle has a crosswalk that has a signal signal on the front side, the driver of the vehicle has a duty of care to check whether there is a person, and to drive it, by reducing speed and paying attention to signals.

Nevertheless, the Defendant neglected this and did not stop in violation of the signal even though it was a green signal, and caused by the negligence of bypassing it to the right side from the left side of the vehicle driving direction to the right side of the victim C (W, 82 years old) walking along the crosswalk, which the Defendant drives, the front part of the road driving.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the closing frame of parts 2, which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the illegality in the proviso to Article 3 (2) of the Special Cases concerning the Teaching Procedure [the scope of recommended punishment] is serious in the area of aggravation (from August to one year and six months) in the category of general traffic accidents (the injury caused by traffic accidents).

2. The sentence decision defendant caused a traffic accident in violation of the signal and the degree of the victim's injury is severe, and thus, the nature of the crime is not weak, but is against the defendant, is covered by a comprehensive insurance, and the defendant's age, gender, etc.

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