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(영문) 대구지방법원 서부지원 2014.11.21 2014고단430
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a D-port cargo vehicle.

Around 16:30 on January 14, 2014, the Defendant was driving the said cargo, and was in front of the general social welfare center in the Sungdong-gu, Seogu, Daegu. The Defendant was in the straight 40 to 50 kilometers at a speed of 40 to 50 kilometers from the two kinds of parks and four streets.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the defendant neglected this and got the victim E (37 years old), F (67 years old), and G (69 years old) who cross the crosswalk from the right side of the cargo vehicle of the defendant to the left side in accordance with the pedestrian signals due to the negligence of going in violation of the signal, and let the defendant go beyond the ground.

Ultimately, due to the above occupational negligence, the Defendant suffered from the victim E, the victim E’s irreshion in detail unexplosion of the frame part requiring approximately 12 weeks of treatment, the victim F’s clostal salt ties and tensions, etc., requiring approximately 3 weeks of treatment, and the victim G suffered around 3 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. A traffic accident report;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The fact that the defendant confessions a crime, has no record of the same crime, has no record of severe punishment in addition to the fine, has purchased a comprehensive insurance policy, and the victim has subscribed to a comprehensive insurance policy;

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