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(영문) 대구지방법원 2014.10.23 2014고단3793
교통사고처리특례법위반
Text

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

However, 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 car B.

On May 2, 2014, the Defendant driven the said car on May 2, 2015, and led to a road of about 20 km in speed from the direction of the waterway to the direction of the wooden market, one lane in front of the 112 water down in the Daegu Suwon-gu.

At all times, a crosswalk without signal lights are installed on the front side, and the victim C (n, 65 years old) was found to cross the above crosswalk to the left side, so there was a duty of care to stop temporarily to the person engaged in driving service and make the victim pass or yield the course.

Nevertheless, the defendant neglected this and got the victim's bridge in front of the right side of the passenger car of the defendant to go beyond the ground by negligence.

As a result, the Defendant suffered injury to the victim, such as the mouth franchising and the mouth franchising, etc., which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

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

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to attend a compliance driving lecture [the scope of recommendation] general traffic accident category 1 (the person who has been specially mitigated) [including one month to six months] mitigation area (including efforts to recover damage] [the decision of sentence] imprisonment without prison labor] six months, the suspension of execution two years, the defendant violated the duty to protect pedestrians in the crosswalk, and the victim suffered serious injury, and considering the following, the responsibility for the crime is unfford, but the defendant is against his mistake.

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