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(영문) 대구지방법원 2014.10.02 2014고단3985
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 of the Poter Cargo Vehicles B.

On July 2, 2014, around 18:34, the Defendant proceeded at the speed of speed from the fourth distance from the direction of the road in the direction of the 256 OK telecommunications ahead of the 256 OK to the intersection of the small water purification plant.

The location has a duty of care to safely proceed with the driver's work on the crosswalk, such as temporary stop in front of the crosswalk, in a case where the driver's duty of care to reduce the speed of the driver's work on the crosswalk and to live well on the right and the right and the right and the right of the driver's work on the crosswalk.

Nevertheless, while the defendant neglected this and proceeded as it is, the defendant did not find the victim C (eight years of age) who has cross the crosswalk to the right side from the left side of the running direction of the vehicle in which the defendant driving of the marine is driving, and went over to the front side of the vehicle of the defendant driving, and turned over as

After all, the Defendant suffered injury, such as a hurdle and pressure 3 times, when two contacts are made between the 2 and 3 times in need of approximately 12 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each written diagnosis;

1. On-site photographs;

1. Application of the Acts and subordinate statutes to the traffic accident occurrence report and the actual survey report;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type I (1-6) [Special Mitigation] Punishment and Non-Voluntary (including efforts to recover from damage caused by traffic accidents] [Pronouncement Decision], but the defendant was in a situation in which it was difficult for the defendant to find the victim at the time of the accident, and the defendant agreed with the victim.

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