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(영문) 대구지방법원 서부지원 2018.05.10 2017고단1862
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of a B-M-T cargo vehicle.

On June 15, 2017, the Defendant driven the above vehicle on the 15th 35th 15th 15th 15th 2017, and moved to the right-hand left-hand turn at the speed of about 20 to 30 km from the fest 1st eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth

On the other hand, there is a crosswalk at the point where the left-hand turn is finished, so if a person engaged in driving a motor vehicle passes the crosswalk well, the driver has a duty of care to temporarily stop in front of the crosswalk so as not to obstruct or endanger the passage of the pedestrian and prevent the accident in advance.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the floor by taking the left side part of the victim C(63) who was towing a bicycle and cutting the crosswalk pursuant to the pedestrian signals by negligence that caused the left left-hand turn.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand body flag, which requires approximately 14 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of a medical certificate, on-site photographs);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Normal circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's act of committing the crime of this case is against the defendant, and the defendant's vehicle is covered by the comprehensive motor vehicle insurance: The defendant's act of causing serious injury to the victim who is passing the crosswalk as the vehicle; and

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