(영문) 대구지방법원 서부지원 2018.11.20 2018고단1948

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(영문) 대구지방법원 서부지원 2018.11.20 2018고단1948

교통사고처리특례법위반(치상)

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 engaging in driving a rocketing car.

On May 9, 2018, the Defendant driven the above car at around 16:40, and proceeded with the two-lanes of the two-lanes in the four-lanes of the Seogu Seo-gu, Seogu, Seo-gu, Seoul.

At the time, the vehicle signal, etc. was red at the front direction of the defendant, and the victim D (V, 57 years old) was placed in the crosswalk pursuant to the pedestrian signals, so in such cases, the driver of the vehicle had a duty of care to stop immediately before the stop line, in accordance with the signals, so as not to obstruct the passage of the pedestrian or endanger the danger.

Nevertheless, the Defendant did not properly confirm the pedestrian who is travelling along the vehicle signal, etc. and the crosswalk, and was negligent in proceeding without checking it, and received the victim as a part of the distance between the right side of the said vehicle.

As a result, the Defendant suffered injury, such as cutting the body body body felbling, etc., which requires approximately nine weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A traffic accident investigation report, on-site photographs, accident-related CDs, and closure photographs of the accident video;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, 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, and the

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the said Act (Article 62 (1) of the Criminal Act on the part of the defendant's mistake reflects his depth due to his mistake, the payment of compensation to the victim at the investigation stage

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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