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(영문) 대구지방법원 서부지원 2015.05.28 2014고단1641
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On August 18, 2014, the Defendant proceeded along the two-lane road in front of the East East-dong apartment, which is in the Songdong-gu, Daegu-gu, Seogdong-gu, Daegu-gu, according to one-lane away from the Hanndong-gu, Daegu-gu, Seodong-gu.

At the time, there were nights, and there are crosswalks where signals are installed, and thus, drivers are engaged in driving service, who have a duty of care to check whether there is any person who gets on a way by reducing speed and by checking well the right and the right and the right and the right and the right and the duty of care to drive safely according to the new code.

Nevertheless, due to the negligence of neglecting the fact that the vehicle's progress signal is changed to the stop signal, the victim D (51 years old) who crossed the crosswalk according to the pedestrian signals was the front part of the defendant's vehicle.

Ultimately, the Defendant suffered from the victim’s injury, such as the closure of a frighttoter, which requires six weeks’ treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident actual condition survey report and each field photograph;

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

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

1. The reason for the suspended sentence of Article 62(1) of the Criminal Act (hereinafter referred to as "the most favorable circumstances for sentencing") was the injury of the victim due to the traffic accident in this case, but the defendant recognized his own negligence and reflected his fault. The vehicle involved in the accident in this case was admitted to the Korean Lenda Mutual Aid Association, and the victim was paid KRW 7,00,000,000 from the Korean Lenda Mutual Aid Association, and the defendant also deposited KRW 5,00,000 for the victim, and other crimes committed by the defendant.

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