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(영문) 대구지방법원 2015.06.11 2015고단555
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

Punishment of the crime

The defendant is a person who is engaged in driving a BAD A7 car.

On January 10, 2015, the Defendant driven the said car at around 09:05, and made the front road of the KBS Daegu Broadcasting Station at about 30,496-gilh, as Daegu Suwon-gu, turn to the left at about 20 km from the right side to the right-hand turn to the right-hand turn to the right-hand turn.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who renders a way to reduce the speed and to see well the right and the right and the right and the right of the road, and to safely drive the road.

Nevertheless, the defendant neglected this and went beyond the right side of the victim C (the age of 46) who crosses the crosswalk without signal lights from the right side to the left side of the crosswalk without any signal lights due to negligence, and let the victim go beyond the front wheels of the vehicle of the defendant and go beyond the road.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as damage to the heart pressure of the satisfaction with the right that requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate (C);

1. A traffic accident report, a traffic accident report, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (for a victim's telephone statement);

1. Article 3 (1) and the proviso to Article 3 (2) 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 for a crime;

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

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] There is no basic area (4 to 10 months) of the first type of ordinary traffic accident (the injury caused by traffic accident) [decision of sentence] [decision of sentence] The defendant's liability for the crime is not easy considering that the victim suffered considerable injury due to the accident of this case, but the defendant's late and reflects misjudgment, and driving vehicles are driving vehicles.

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