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(영문) 대구지방법원 2014.12.11 2014고단5441
교통사고처리특례법위반
Text

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

except that 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 motor vehicle at C.

At around 21:50 on May 17, 2014, the Defendant was driving the said car and driving it on the road of a three-lane line, a letter of the customs house distance, which is in the management of the dware-to-Eup of the dwarf-gun, Gyeongbuk-gun, the Defendant was moving to the right of way from the surface of the water source shooting to the right of way.

Since there is a road where a crosswalk without signal lights is installed, in such a case, the driver of the vehicle has a duty of care to check whether there is a person standing the crosswalk by reducing the speed and checking well the right and the right of the road, and to prevent the accident in advance by driving safely.

Nevertheless, the Defendant neglected to stop the Jeonju-si and proceeded along as is, instead of negligent negligence, received the victim D (the age of 67) who was set up on the right side of the crosswalk from the right side to the left side of the said passenger car.

Ultimately, the Defendant suffered injury to the victim, such as the closure of the left-hand saving hole, which requires approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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

1. A comprehensive analysis of traffic accidents;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] general traffic accidents in light of the following: (a) the mitigation area (one to six months) [Special Mitigation] [including a serious effort to recover from damage], (b) the imprisonment without prison labor for six months; (c) the defendant for two years in the suspended sentence violated the duty to protect pedestrians at crosswalks; and (d) the victim suffered serious bodily injury, there is no responsibility for such crime; and (e) the defendant.

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