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(영문) 대구지방법원 2016.08.11 2016고단1455
교통사고처리특례법위반
Text

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

However, the execution of the above punishment 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 a C's driver car.

On February 15, 2016, the Defendant driven the said car on the front road located in Daegu Northern-gu D, Daegu on February 15, 2016, and proceeded at a speed of about 20 to 30km per hour according to the four-lane road between the three-lanes of the mountain middle school and the two-lanes of the two-lanes.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether there is a person who will cut the way by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the defendant neglected this and did not avoid the victim F (75 years old) who cross the crosswalk from the right side to the left side in accordance with the Mad pedestrian's signals, due to the negligence of driving the crosswalk in violation of the signal as it is, and the defendant was the victim in front of the car driven by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as flaver pulver pulver puling, which requires approximately 12 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A photograph of a CCTV course;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where the reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] is the case where the illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Education (the special aggravated person) is serious (the sentencing decision] - The contents of the traffic accident in this case are sufficient for the defendant to cross the crosswalk in violation of the signal, and the degree of violation of his/her duty is serious. The traffic accident in this case is the traffic accident in this case.

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