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(영문) 대구지방법원 2015.04.16 2014고단5851
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving Cone Star Cargo Vehicles.

On October 14:30 of 2014, the Defendant driven the above cargo vehicle and proceeded as e-mail or front intersection in Daegu-gu Dong-gu D along the two-lanes in the direction of Ayang in the direction of Ayang-do in the direction of Ayang-do.

Since there is a crosswalk with a signal apparatus, there was a duty of care to prevent traffic accidents by putting a person engaged in driving service on the front door and driving according to traffic signals.

Nevertheless, according to the pedestrian green signal, etc. at the place where the suspension signal is violated and proceeded as it is due to negligence in the course of the business, the part on the left side of the victim F, who crosses the crosswalk from the right side of the defendant's running direction to the left side of the crosswalk was taken as the front part of the above cargo vehicle and had the victim go beyond the road.

Therefore, the Defendant suffered injury to the victim, such as cerebrovascular transfusion, which requires approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident prepared by the F;

1. A medical certificate;

1. Application of the occurrence report on traffic accidents and the report on traffic accidents (1), Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] The basic area (including a person subject to special mitigation) (4 to 10 months) of the type 1 of general traffic accident (including a person subject to special mitigation) / Cases where illegality in the proviso of Article 3(2) of the School Specialized Law is serious [decision of sentence] / Cases where a defendant is in violation of a signal and is proceeding in the instant case.

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