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(영문) 대구지방법원 서부지원 2019.07.04 2018고단3303
교통사고처리특례법위반(치상)
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 B knife vehicle.

On November 9, 2018, the Defendant driven the above vans around 04:33, and led to the left turn to the left at the ethal distance from the west-gu Seogu and the school mountain park, which is located in the 2ndal area of the Seoggu, Seog-gu, and the Yolnam-gu, Seog-gu.

At the time, there are nights, and there are crosswalks where signals are installed, so that the driver of a motor vehicle has a duty of care to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected to turn to the left even though the vehicle signal is a stop signal, and did not find the victim C (A, who crosses the crosswalk from the right side of the crosswalk to the left side pursuant to the pedestrian signals, and did not get the victim's right side part before the above van, and got the victim's right side part above the floor.

As a result, the Defendant suffered from the Defendant’s negligence in the course of business as above 12 weeks pressure from the third outline of the need for medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence is that the Defendant, while driving a vehicle in violation of the signal, received an injury to the victim, who is crossing the crosswalk, and the victim suffers an injury, and is disadvantageous.

However, the defendant led to the confession of the crime of this case and repented his mistake, and paid 20 million won criminal agreement to the victim.

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