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(영문) 대구지방법원 안동지원 2018.08.14 2017고단849
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 a vehicle BM3 vehicle volume.

On November 20, 2017, the Defendant driven the above vehicle at a level of 07:25, while driving the vehicle, and coming to the intersection of the Heung Park Park, which is located in the 31-1 Sin-ri-ri-ri-ri, Sindong Dam, from the direction of the Sin-dong Dam.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive the driver in accordance with the signals by reducing speed and checking the right and the right of the driver.

Nevertheless, the Defendant neglected this and failed to stop on the crosswalk stop signal, and did not stop on the crosswalk stop line, and received the bicycle right side side of the victim C (59) crossinging the crosswalk due to the negligence of driving the bicycle in violation of the signal, from the front part of the above vehicle.

Ultimately, the Defendant suffered injury to the victim, such as “the lower part of the upper part of the upper part of the aggregate,” which requires approximately 10 weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on actual status investigation, and a report on investigation;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Article 62(1) of the Act on the Suspension of Execution provides that the Defendant was injured with a serious injury due to the Defendant’s occupational negligence on the grounds of the sentencing of Article 62(1) of the Criminal Act. However, the Defendant immediately reported the accident to 119, and agreed to provide relief measures accordingly with the victim. It is so decided as per Disposition by taking account of the Defendant’s age, sexual conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc.

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