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(영문) 대전지방법원 2020.11.27 2020고단2978
교통사고처리특례법위반(치상)
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 service of B 125cc.

Around 15:49 on June 10, 2020, the Defendant driven the above Oralba, and driven the five-lane road in front of the Dsansung-gu Daejeon, Daejeon, along five-lanes from the flive distance to the flive high-speed road, the Defendant continued to drive a five-lane road in front of the Dsan-gu, Daejeon.

At the same time, there was a crosswalk in which signal lights are installed, so in such a case, there was a duty of care to safely drive the vehicle and prevent accidents by safely operating it, such as keeping the signal well to the person engaged in driving the vehicle, and accurately operating the steering gear while complying with the duty to protect pedestrians.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded with the vehicle signal, etc. on the front side while being red, the Defendant was able to drive the body of the victim E (W, 58 years old) (W, 58 years old) on the left side of the direction of the direction of the Otoba by the Defendant, along with pedestrian signals.

As a result, the Defendant suffered injury, such as the abandonment of the left-hand aggregate, which requires about 10 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. E statements;

1. A written diagnosis on the register of driver's licenses for motor vehicles, a traffic accident report, a internal investigation report (a survey report, a vehicle black image verification), an investigation report (a investigative process and a victim's telephone conversation investigation);

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. The crime of this case under Article 62 (1) of the Criminal Act is committed by the victim in violation of the duty to protect pedestrians at the crosswalks, while the defendant drives the motorcycle.

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