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(영문) 대구지방법원 서부지원 2015.06.19 2015고단115
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 Bchip car.

On December 11, 2014, at 06:50, the Defendant came to turn to the left at the front of the three-distance intersection in front of the upper high school located in 117, Seo-gu, Daegu, Seo-gu, Daegu, the 117th place.

The location is a three-distance intersection with signal lights, so in such cases, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a way to see the front door well, and to safely drive the motor vehicle in accordance with the new code to prevent the accident in advance.

Nevertheless, the defendant neglected this and neglected to turn to the left in violation of the signal and received the victim C (the 75 years old) who dried the crosswalk in accordance with the pedestrian signals by negligence, and received the victim C (the 75 years old) as the front part of the franchiseer car.

As a result, the Defendant suffered injury to the victim, such as a brush in need of medical treatment for about 12 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning Handling of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act (Selection of Depository Punishment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration, reflectiveness, initial charge, and subscription to a comprehensive insurance);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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