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(영문) 창원지방법원 통영지원 2014.08.14 2014고단495
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 tXG car.

On April 28, 2014, the Defendant driven the above car on April 22, 2014, and proceeded along the three-lane road in front of the treatment steering line in the Ariju-dong at the Sriju-si at the Sriju-si, along the two-lane road from the offline to the side of the Ariju-gu tunnel.

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 found the victim C (the age of 36) who was moving the crosswalk from the left side to the right side of the crosswalk in accordance with the pedestrian signals by neglecting the fact that the vehicle progress signal is changed to the stop signal, and due to the negligence in violation of the signal, and delayed detection of the victim C (the age of 36) who was moving the crosswalk from the left side, and operated it to the right side. However, in order to avoid this, the Defendant did not avoid it, and had the above victim go beyond the ground by receiving the above victim in front of

Ultimately, the Defendant suffered injury to the victim, such as credit blood and breast, which requires approximately six weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and C;

1. The actual condition survey report;

1. An accident site photograph;

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. Article 62 (1) of the Criminal Act (Considering Circumstances favorable to the accused among the reasons for sentencing below);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] of the General Traffic Accidents of Type I (Death resulting from Traffic Accidents).

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