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(영문) 대구지방법원 2014.07.17 2014고단1945
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 the operation of a gallon-car vehicle.

On March 16, 2014, the Defendant driven the above vehicle on March 16, 2019:25, and driven the four-lane road in front of the Taenam University at the Sinsan-si University at the speed of Sinsan-si, along three-lanes from the front side of the Yongnam University at the Sinsan-si university.

Since there is a cross-section with signal lights and crosswalks, a person engaged in driving a motor vehicle has a duty of care to observe the signal and temporarily stop in front of the crosswalk.

Nevertheless, while proceeding in violation of the signal, the Defendant received the victim D (20 years of age) who was a pedestrian fallon with the left side of the road in accordance with the pedestrian signals from the right side of the course, from the front side of the above gallon vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the internal side rupture, which requires medical treatment for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

1. Investigation report ( telephone conversations between reporters and telephone communications);

1. Five copies of a report site and a photograph of an accident vehicle;

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 of the suspended sentence [Scope of Recommendation] is the basic area (including persons who have been specially mitigated) of the type 1 of the general traffic accident (including those who have been specially mitigated), / Cases where illegality in the proviso of Article 3(2) of the Special School Act (including those who have contributed to recovery from damage), 6 months of imprisonment without prison labor, 2 years of the suspended sentence, the defendant committed the instant accident in violation of the signal at the crosswalk, and 3 years of the suspended sentence. Considering the fact that the victim suffered serious injury, the responsibility for the relevant crime is nonexistent, but the defendant himself.

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