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(영문) 대구지방법원 포항지원 2019.02.27 2018고단1686
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

except that 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 a low-speed car B.

At around 14:30 on October 8, 2018, the Defendant driven the above vehicle and got D’s front distance intersection in south-gu C at the port of port to the end of the square intersection from E.

Since there is an intersection with signal lights and crosswalks, the driver of the vehicle has a duty of care to check whether there is a pedestrian walking the crosswalk, and to safely drive the crosswalk in accordance with the signals.

Nevertheless, the Defendant neglected this and neglected the Defendant’s right-hand signal, and the victim F (V, 53 years old) was cut to a new crosswalk, but the victim F (V, 53 years old) did not stop in front of the crosswalk and was negligent by the Defendant’s right-hand side from the right-hand side to the left-hand side of the victim’s green signal at the time of the right-hand side of the crosswalk without stopping before the crosswalk.

Ultimately, the Defendant suffered from an injury to the victim, such as scarkeing and closing a scarke, which requires six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A medical certificate;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act: (a) the basic area (4-1 year) of the first type of traffic accident (4-1 year) [decision of sentencing] [decision of sentence] [decision of sentence] of the crime of this case; (b) the victim stated at an investigative agency that he does not want the punishment of the defendant; (c) the defendant purchased a comprehensive motor vehicle insurance policy; and (d) the defendant.

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