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(영문) 대구지방법원 2015.01.29 2014고단5844
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 a CM5 car.

On August 29, 2014, the Defendant driven the above car at around 14:35, and driven the three-lane road in front of the E market Fmat in Daegu-gu D along two-lanes, the Defendant proceeded at about 40km in the direction of vision from the front Neline to the front Neline.

Since there is a crosswalk in which a signal apparatus is installed, the person engaged in driving service has a duty of care to reduce speed and to safely drive the front door and the right and the right of the road in accordance with the signals, so that the person engaged in driving service has a duty of care to prevent the traffic accident from spreading.

Nevertheless, the Defendant neglected the front-time of the vehicle, thereby going through the occupational negligence in violation of the vehicle stop signal, and received the victim G (ma, 72 years old) who gets a bicycle on the left-hand side from the right-hand side of the direction according to the pedestrian crossing signals, as the front-hand part of the vehicle.

Therefore, the Defendant suffered injury to the above victim by negligence in the course of performing the above duties, such as the injury caused to the victim, the injury caused to the victim, such as the injury caused by the depression and the prop-abrication.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by H (Simplified traffic);

1. A medical certificate;

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

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

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

1. Reasons for sentencing in Article 62-2 of the Criminal Code of the Order to Attend [Scope of Recommendation] General Traffic Accidents in Type 1 [Special Mitigations] [including efforts to recover from damage], and the defendant's violation of the signal and the degree of injury of the victim is not easy for the defendant to commit the crime because the defendant violated the signal and the degree of injury of the victim is considerable. However, the defendant's mistake is divided and contradictory, and the victim and the victim agreed to do so.

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